| In order to strengthen the enterprise name right protection,anti-unfair competition law was revised on November 4,2017,by the "anti-unfair competition law of the People’s Republic of China",and the provisions of the ACTS of unfair competition to the related enterprise name modified.But after the new law enacted,because in an enterprise name without authorization on the definition of related concepts and specific requirements identified on the behavior of using an enterprise name,lack of further provisions of laws,there are many different views on the cognizance of the constitutive requirements and the specific applicable of regulations and judicial interpretation.Therefore,right to enterprise name of anti-unfair competition law protection in judicial and administrative law enforcement is still have room for improvement.Thence,this article embarks from the focus of the controversy,discuss the anti-unfair competition law protection of enterprise name rights.This paper is divided into four parts.The first part is the question raising.Starting from the existing legal protection of enterprise name right of our country,is set in revision of the anti-unfair competition law,put forward the enterprise name right of existing in the protection of anti-unfair competition law of the three prominent problems,The scope of the enterprise name rights? How to define other people as "unauthorized use of others to have a certain impact on the enterprise name(including short name,name,etc.)" ? How to determine that "the name of the enterprise registered by the operator violates in the provisions of article 6 of this law" ?The second part is the protection concept of enterprise name right.First of all,combined with the nature and function of enterprise name,the nature of the enterprise name right,and compared with the registered trademark protection,determine the scope of the enterprise name right,and mainly includes three aspects: to use,to prevent others in the same registration in the administrative areas of the same enterprise name,used to prevent others.Secondly,analyzed the principle of the anti-unfair competition law protection of enterprise name rights,from to protect the interests of the operators,protect consumers’ rights and interests and maintaining business ethics of anti-unfair competition law,to study the theoretical basis for protecting the right of an enterprise name,illustrates the necessity of the enterprise name right protection against unfair disputes.The third part is about the protection of the right of enterprise name.Use empirical analysis to the enterprise name right get the protection of anti-unfair competition law in the condition of the three prominent problems has carried on the detailed analysis: first,through the analysis,the relation between enterprise name and name,referred to as sure anti-unfair competition law to protect the enterprise name of covers the following several ways: one is the enterprise name registration in accordance with the full name;The second is the name of the enterprise name which has certain market popularity and is known to the relevant public;Third,it has a certain market popularity,is known to the relevant public and establishes a stable relationship with the enterprise name,in fact,it has the function of the enterprise name;Four is not registered in our country,but in our country for commercial use of foreign or Hong Kong,Macao and Taiwan enterprises name.Secondly,for the cognizance of "have a certain impact",and "trademark law" in a prior to use unregistered trademark "have a certain impact" finite element synonymous explanation more appropriate,must be combined with the enterprise name last time and use scope,the management situation of the enterprise,the duration,degree and scope of any publicity and other factors impact the enterprise name comprehensive considerations.Finally,for the cognizance of "unauthorized use",respectively analyzes the inner meaning of "unauthorized" and "use",and focus on the legal registration of enterprise names of "unauthorized use" for research,concluded that "the use of the behavior of the legal registration of enterprise names could still constitutes unfair competition",should be combined with the actual situation of each case when identified,emphatically to the offender registration and subsequent subjective intention to consider when using an enterprise name.The fourth part is the legal liability for unauthorized use of the enterprise name of others.In the two aspects of civil liability and administrative responsibility,the new regulations on the legal liability of unauthorized use of the name of other people’s enterprises in the new anti-unfair competition law are studied.Civil liability includes but is not limited to the cessation of use and compensation for losses.The content of administrative responsibility is improved,the operability is strengthened,and the corrective measures are analyzed emphatically.The change of enterprise name correction measures is very flexible,which is conducive to improving administrative efficiency,but it still needs to improve relevant supporting measures.Finally,in order to apply the legal liability clauses properly,the cooperation between judicial and administrative organs should be emphasized. |
