Legal subjectivity:
1. What rights does the name right have?
(1) The right to decide the name
The right to decide the name is the right to name The most basic content. Civil subjects have the right to decide their own names, but in our country, legal persons, especially corporate legal persons, are required by law to set a name, and this name must be registered. For other organizations, such as individual industrial and commercial households, individual partnerships, etc., they may or may not set a name according to their wishes.
(2) Right to use name
Once a name is registered, it is protected by law and has the effect of exclusive use. Current law stipulates that within the registered area, other organizations are not allowed to register with the same name. In the same region, if several organizations have used the same name, as long as one party registers the name, other parties are not allowed to use the original name, otherwise it will be an infringement. Of course, the scope of name use is limited to the scope approved by registration. At the same time, its exclusive right to use is limited to the same industry and does not exclude use in different industries. However, it is obvious that this approach is no longer suitable for the requirements of a large market in the country and is currently restricted by intellectual property laws such as the Anti-Unfair Competition Law.
(3) Right to change name
During the use of the name, the owner can of course change it in accordance with the law, but the change cannot be used against a third party without being announced. The scope of the change, depending on the will of the name owner, can be either a partial change or a complete change. However, for a registered name, the changed name must go through the change registration procedures, otherwise, it will have no legal effect without registration.
(4) Name transfer right
The name transfer right is the most distinctive content of the name right. The transfer of the name can be either a complete transfer or a partial transfer. Moreover, since the name right can be transferred, the natural name right can be inherited. Especially for non-public corporate legal persons and other special organizational forms in which natural persons are civil subjects, when the natural person participating in the business dies, his property should be inherited by his heirs, and the issue of inheritance of name rights will naturally arise.
2. The difference between the right of name and the right of name
The right of name and the right of name are not the same thing. They are both related and different.
The connection is:
Name rights and title rights are the rights that civil subjects have to decide, change and use their own names and name symbols.
The difference lies in the following aspects:
1. The subjects are different.
The subjects who enjoy the right of name are natural persons, and the subjects who enjoy the right of name are legal persons, individual industrial and commercial households, and individual partnership partners.
2. Different connotations.
The name contains words, numbers, previous names, pen names, etc.; the name does not contain anything else, except that sometimes the name appears as a trade name or mark.
3. The restrictions are different.
The name is usually obtained by the baby's parents or other relatives, and there are basically no restrictions; the name is one of the necessary conditions for a social group to obtain legal person status, so the name must be obtained in accordance with the national industrial and commercial administration Follow the relevant regulations of the department. Fourth, the powers are different. The rights of name rights include the right to decide, change, and use; in addition to the right to decide, change, and use, name rights also include the right to transfer the name.
3. The nature of the right of legal person's name
The right of legal person's name is a mixed right, which has the dual attributes of personality right and property right. The right of a legal person's name originates from the right of a natural person's name, and therefore has the attribute of personality rights. At the same time, the legal person name right represents huge economic and social value. It is a high-value intangible asset and can be inherited and transferred, so it has the nature of property rights. Through the paid transfer of name rights, the commercial value of the corporate personality can be brought into play. This phenomenon is called "personality commodification."