On the Types of Acts Infringing the Right to a Corporate Name of an Enterprise and Their Determination Under the Perspective of the Civil Code
Article 1014 of the Civil Code sets out the types of violations of the right to a name and the right to a name in an enu-merative and general manner.The three types of infringement listed,namely"interference,misappropriation and counterfei-ting",are all based on the protection of the interests of self-determination,individuality,homogeneity and property of the right to a name,without taking into account the differences between the protection of the right to a name and the right to a name,which results in a serious limitation of the scope of application of the civil law rules on the protection of the right to a name.The name of an enterprise or legal person is different from the name of a natural person,and can be used as a commer-cial sign in itself.The types of acts infringing on the right to a corporate name and their identification should follow the system-atic arrangement of the personality rights of legal persons,and be divided into counterfeiting acts infringing on the interests of the identity of the name,as well as counterfeiting acts infringing on the interests of self-determination and property,and acts of commercial exploitation.The composition of the elements of illegality of specific acts may refer to the standards of judge-ment in judicial practice or other established rules for the protection of the right to a name.
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