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Research of Legal Problems on Trade Name

Author: MaXinMin
Tutor: CuiLiHong
School: Shandong University
Course: Legal
Keywords: Shop Trade name rights Firm legal issues Protection Legislation
CLC: D923.43
Type: Master's thesis
Year: 2010
Downloads: 136
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Abstract

Firm is engaged in business conduct business subject name used, is an important indicator of business subject, but also the people to evaluate the core business subject mark. With the rapid development of commodity economy, commodity circulation accelerates its expansion of the scope, firm body for commercial growing importance. Based on the analysis of the firm meaning and connotation, combined with foreign and international legal regime on a firm legislative experience, analysis of China's current situation and the lack of legal protection for the firm, the firm made a series of legal systems improve our theoretical assumptions and legislative proposals. This paper uses three methods: comparative research methods, theory and practice methods and dialectical development approach. Comparative approach is commonly used in legal research methods, the paper by comparing different national and international firms protection system, foreign and international protection of the firm conducted a study on the theory and practice, according to China's actual situation, to absorb criticism and learn from. Integrate theory with practice the principles and methods, the firm legal protection system theory and practice combine research firm issues. Adhere dialectical viewpoint of development, the firm legal protection status and future prospects of linking research to ensure the relative stability of the firm legislation. In addition to the foreword and afterword text is divided into three chapters, the preamble from the current foreign countries, international firm of legislation, as well as our firm legislation is relatively backward situation, analyzing the firm accelerate the improvement of the legal system of the necessity and importance. Article first chapter, on the basic concepts of the firm's legal system are described. Through the introduction of the firm as well as the origin of various periods of change in the title of the firm in different countries, the specific circumstances of the alleged connotation and denotation introduced to derive firm identified herein concept - firm is a commercial business entities engaged in business behavior in the name used, namely commercial subjects in commercial transactions for legal acts, or their agents to use for signature, commercial exchanges with others names. Section II combined firm in real economic life critical applications, the image of a specific firm described the dual role - recognition function and value function, but also stressed the firm in a market economy with more and more important, for the firm research is indeed necessary. Article II, an overview of the firm's legislative history. Through Germany, Japan, the United States, Britain and Shikoku firm legal protection regime brief review, as well as international conventions relating to the firm legislative review, a detailed understanding of the current firm advanced legislative situation, on this basis, summed up its legislation commonalities and Benefits designed for the later of the firm to provide comprehensive legal system can learn a wealth of legislation of resources. Articles Chapter III discusses the building of firm specific legal protection system in a number of issues. First, detailing the status of a firm legal protection. Conservation status of the firm is mainly through the induction of various periods of the relevant provisions of the legal protection of the firm to complete. Secondly, concluding our firm pointed out the inadequacy of legal protection. Then, on the basis of the preceding discussion, the author proposed legislation improve our firm several specific recommendations: that we have to establish a firm idea of ??harmonization of legislation, eliminate firm theoretical fallacy; firm the right to accept new ideas will fall Shoji personality right areas, to facilitate trade name rights protection and remedies; established the firm as the core registration system; establish appropriate cost, quick to respond to the firm's two management systems; establish a firm double protection model to solve conflicts firm and trademark rights; increase famous firm protection system; introduction of non-registered firms prior rights system; coordination firm power and domain name rights conflict; improve the firm's legal relief system. Under the conditions of market economy, establish a sound legal system of the firm is to promote the development of commercial transactions, the protection business subject Shoji personality and interests, safeguard market justice and fairness, to protect legitimate interests of consumers effective way. We should learn from foreign firms and summarize the experience and lessons of legislation, in conjunction with their basic national conditions, strengthen the theoretical study of related systems, the pace of legislation to promote the firm to build with Chinese characteristics, firm legal systems.

Research of Legal Problems on Trade Name

Abstract

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