Study On The Commercial Utilization Of Name Right In China

In the context of the rapid development of the market economy and the Internet,the names of natural persons are often used in the advertising of goods and services.The phenomenon of commercialization of name rights is becoming more and more common,and the resulting illegal use of name rights requires legal regulation.It is increasingly urgent to fully protect the spiritual and property interests in the name right.However,China has many shortcomings in the status quo of legislation and judicial practice.Therefore,it is extremely urgent to establish and improve relevant legal systems.This article is mainly composed of the following five parts:The introduction briefly describes the current research status at home and abroad as well as the theoretical and practical significance of the research.It introduces the full text using theoretical analysis,case studies and comparative research methods to study the use of name rights in commercial activities in China.The first part takes the concept of commercialization of name rights as the entry point,analyzes and summarizes the characteristics,nature,significance of the commercialization of name rights and the theoretical basis and legal basis of the commercialization system of name rights,and provides the system for the improvement of the system.The second part summarizes the problems existing in the practice and real life of the commercialization of the name right in China through the type analysis and case analysis of the case.It is found that there is no legal regulation specifically for the commercial use of name rights in China and the existing commercialization utilization system of the right is insufficient to fully protect the spirit and property interests of the name holders.The third part summarizes and analyzes the relevant models and specific systems of the commercialization of name rights in Germany and the United States.It is found that the two have reached the purpose of protecting the commercialization of the use of name rights from different paths,and analyzed the comparative law to China.The fourth part is based on the current situation of China's legislation and the problems existing in practice.It draws on the beneficial system of Germany and the United States in protecting the name right,and proposes that the property interests in the right of name should be clearly defined.The subject,the object,the way and restrictions of use,the licensing system and the system of damages and other systems have put forward suggestions for improvement,so as to provide comprehensive legal protection for the standardized use of name rights in commercial activities.