Discussion On Legal Issues Os Infringement Of Name Right And Property Rights By Registered Trademark

A long time,scholars adhere to strictly distinguish between personality rights and property rights,don't think personality right has the attribute of property rights,the protection of personality right is limited and mental protection,does not involve the protection of the economic benefits,but with infiltration of commercial economy,the scholars have gradually accepted the personality right has the economic interests,just for this kind of economic interests to protect.In the name on the right of property interest protection in China started relatively late,the theory is less,but the United States,Germany has a relatively long research on this question,the Japanese research on this question is not mature but also in gradually improve,so The Three Kingdoms to name the protection of the right of property interest is worthy of reference for Chinese scholars to study.The protection of the name property interests is divided into several parts,such as the inheritance,investment,application and advertisement of the name property interest,and the application of the trademark,etc.,the registered name trademark is an important part.Names of registered trademarks and prior rights conflict of law has a long history,the scholars also from the economic interests of the personality right of use and the right to name the object perspective for interpretation of this problem,the author thinks that,the concept of registered trademarks and prior right of name,the main conflict of laws is a registered name conflict between trademark and name right of property interest,so this article writing narrowed the scope of,will be limited to the name of trademark and name right of property interests.The name right property interest belongs to the constituent part of the right of name,so it must be bound by the concept of name right.In other words,the protection object of the right of name property and the protection object of the right of name should not be separated from the original scope.Therefore,the author also expatiates the content of the right object of name right when stating the connotation of the property interest of the right of name.Scholars agree that the scope of name protection should include the name and stage name of the household registration authority.However,there are different opinions on the translation,which can be divided into complete translation and partial translation,such as giorgio armani and some translations,such as Jordan.There are two views on the translation of Jordan,one is that the translation can become the object of the right of name,and the other is that it can't.This is because of cultural differences,some translations are usually only translations of last names.Therefore,some scholars believe that this kind of translation is not special and can not be protected by name right.Scholars for a long time from the origin of the name and its function of this paper,the problems,but recently the Supreme Court to 27 decisions about Jordan case,bypassing the origin of the name,function,using the concept of a special name.In this paper,the author elaborates on the characteristics of a special name to be protected as a right of name.In general,the registered trademark should be classified into two categories,one of which is famous for its products,such as wang zhi and trademark.Although the king and is also a natural person's name,but for consumers,they don't care who is the king,and only care about the king and the quality of the products under the trademark,this kind of trademark is famous because they compared with other brands,can provide high quality goods.Another kind is a famous brand names,such as Jordan brand,using such trademark products,not on the product quality to win from other brands,but the use of consumers the right to name on people's affection,make our products known gradually.There is the name of the economic interests of the right people for his name,is also registered name and trademark of people the problem sometimes with the right of name,this article through to in the name of the right of property interest registered trademark name damage way classification,respectively expounds in four kinds of damage mode,law on the protection present situation and deficiencies.In addition to discuss the name of the right of property interest registered name and trademark infringement four ways,this article also discusses the name of the right of property interest registered name and trademark infringement determination standards,as well as outside the name problems such as the protection of the right of property interest way.In reference to foreign law to protect the interests of the property right of name,the author thinks that relative to the introduction of a whole image right or commercial rights,Germany take on an extension of the traditional personality right of way,more suitable for our country.