1. Who has jurisdiction over infringement of trade name rights
1. Basis According to the relevant laws of our country, lawsuits filed due to infringement shall be under the jurisdiction of the People's Court of the place where the infringement occurred or the defendant's domicile. The place of infringement includes the place where the infringement was committed and the place where the infringement results occurred.
2. Legal provisions: "Civil Procedure Law of the People's Republic of China"
Article 20 Article 8: Litigation initiated due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Article 24 The place of infringement specified in Article 28 of the Civil Procedure Law includes the place where the infringement is committed and the place where the result of the infringement occurs.
2. What is trade name right
Trade name rights, also known as commercial name rights, refer to the rights that merchants have over their trade names, including the right to use the trade name and the exclusive right to use the trade name.
1. The subject of trade name rights is an independent commodity producer or operator who has obtained commercial subject qualifications in accordance with the law, and is single-minded. This means that agencies, groups, and individuals that are not engaged in commodity production and operation activities cannot become the subject of trade name rights; and although they are engaged in commodity production and operation activities, they have not obtained the qualifications of independent commercial entities, such as branches of a company, nor can they become the subject of trade name rights. Become the subject of trade name rights. The singleness of the trade name entity means that the same trade name can only be owned by one commodity producer and operator within the scope of approval, and there is no situation where multiple commercial entities share the right to a trade name. The trade name of a head office can be used by several of its subsidiaries, but only the head office has the right to transfer the trade name.The company is the sole owner of the firm.
2. The object of the trade name right is a trade name approved and registered in accordance with the law. Since most countries require the registration of a trade name as a necessary condition for a trade name to obtain legal protection, generally speaking, only a registered trade name can enjoy trade name rights.
3. The content of trade name rights has the dual attributes of personal rights and property rights. Trade name rights are inseparable from commercial subjects. Trade names are the incarnation of the legal personality of commercial subjects. Trade name rights are more personal than trademark rights and patent rights. At the same time, a trade name has the attribute of intangible property. A reputable trade name can bring certain economic benefits to the owner of the trade name, and the right to a trade name has the attribute of property rights.
Trade name right, that is, manufacturer name right, is a type of industrial property right, which means that the registered trade name (manufacturer name, enterprise name) is not subject to any A right of use that is not interfered with by others. A commercial entity has the exclusive right to use a trade name, that is, a business name, within a certain geographical area. Our country's laws do not clearly stipulate trade name rights, but there are specific provisions on the protection of corporate name rights in the General Principles of Civil Law.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant provisions of our country’s laws, lawsuits filed due to infringement shall be filed by the place where the infringement occurred or the defendant. The people's court of the place of domicile has jurisdiction, and the place of infringement includes the place where the infringement is committed and the place where the infringement results occur. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
