What are the nature of trade name rights
In terms of the type of rights, trade name rights are undoubtedly private rights. However, there is no unified academic view on how to define the nature of trade name rights. To sum up, the main views are as follows:
(1) Intellectual property theory.
As for the rights and attributes of trade name rights, some people in our country believe that " Trade name rights are the exclusive rights enjoyed by commodity producers and traders in accordance with the law for their registered trade names. Its content has the dual attributes of personal rights and property rights, and it belongs to intellectual property rights in terms of type of rights." Trade name rights should be stipulated in relevant intellectual property laws as intellectual property rights, and should not be stipulated in the personal rights section of civil laws as personal rights.
(2) Theory of property rights.
This theory believes that the right to trade name is a kind of Property rights are civil rights of content. Trade name rights can not onlyIt directly brings economic benefits to its users, and the right can be transferred and inherited, becoming the object of transfer and inheritance, and the right holder can also enjoy the transfer benefits. Therefore, the right to trade name should be a type of intangible property right and cannot be considered as a personality right. Because the citizen's right to name, which is a personality right, cannot be used as the subject of transfer or inheritance.
(3) Theory of personality rights.
This view believes that business entities should have One's own independent legal personality. The specific manifestations of the content of its personality rights are trade name rights, reputation rights, honor rights, commercial image rights, etc. The objects of name rights are the personality interests of legal persons and individual industrial and commercial households, and names are the differences between them. Necessary conditions. 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 certain 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.
(4) The theory of dual nature rights.
This view holds that the right to a trade name is both a personal right and , is also a property right. The right to a trade name is closely related to the business entity itself and is also part of the property of the business entity. On the one hand, 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 engage in civil activities in the name of a group. Must have rights to the name. On the other hand, name rights also possess the attributes of property rights, in which the transfer and licensing rights of names can be completely regarded as the subject of property rights. Since the name has no fixed form, it is so-called intangible property. According to this theory, the right to a business name has both the exclusive effect of name rights and the creation effect of property rights, and can be transferred and inherited.
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