What is the specific content and legal positioning of trade name rights?

In the modern civil and commercial legal disciplines, Trade name rights have gradually transcended the scope of commercial law and become the focus of intellectual property law. What are the specific contents and legal positioning of trade name rights? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the specific content and legal positioning of trade name rights

The specific content of trade name rights is the right to establish a trade name, The first two of the right to use, the right to transfer and the right to license use have the attribute of personality rights, while the latter two have the attribute of property rights based on the rights subject’s personal interests in the trade name. Therefore, it cannot be generally said that the overall trade name right is a right of dual nature. From the perspective of the information attributes of the object of trade name rights and other attributes of trade name rights, it also belongs to the category of intellectual property rights. Therefore, commercial law and intellectual property law have given different positions to trade name rights based on their respective characteristics. The former is positioned at the level of management, and the latter is positioned at the level of protection.

Legal positioning of trade name rights

Property rights or personality rights - different interests Considerations

How to define the nature of trade name rights? The views in the academic community are not unified. To sum up, the main views are as follows:

(1) PropertyQuan said

Because the trade name right includes the name of the trade name The right to transfer and the right to license the trade name, and the exercise of these two rights will undoubtedly obtain property benefits. Therefore, the name of a business name is not the personality of the business entity, so it does not belong to the category of personality rights but to the category of property rights, which is a type of property right.

(2) Personality Quan theory

This view holds that the right of name The objects are the personal interests of legal persons and individual industrial and commercial households, and the name is a necessary condition for distinguishing them from each other. Secondly, the right to name has all the characteristics of personality rights and is an inherent, exclusive and necessary right. Thirdly, the name right has some attributes of intangible property rights, but this is an accessory rather than an essential attribute. Therefore, the right to name (right to trade name) is a personality right.

(3) The theory of dual nature rights

This view holds that the right to a trade name is both a personal right and a personal right. a property right. The right to trade name is closely related to the commercial subject itself and is part of the property of the commercial subject. For legal persons and other subjects with independent personality, having their own name is the inevitable conclusion of their civil subject qualifications. Even for those social organizations that do not have the ability to have rights, they must have a name if they want to engage in civil activities in the name of a group. right. On the other hand, name rights also have the attributes of property rights., the transfer and licensed use rights of the name can be completely regarded as the subject of property rights. Since the name has no fixed form, it is so-called intangible property.

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