1. Legal persons and unincorporated organizations have the right to name, and have the right to decide, use, change, transfer or permit others to use their own names according to law.
2. No organization or individual may infringe upon others' right of name or name by interference, embezzlement or counterfeiting.
3. For pen names, stage names, screen names, translated names, shop names, abbreviations of names, etc. which have a certain social popularity and are used by others enough to cause public confusion, refer to the relevant provisions applicable to the right to name and the protection of the right to name.
There are several important factors to be considered in the determination and remedy of the infringement of name right:
1. Determination of the subject of name right. The name of a natural person is the personality symbol of a natural person and the carrier of the right to name. Because the names of natural persons are not unique, there are cases of duplicate names, so the determination of the subject of rights is the first problem to be solved in the protection of name rights. The attribution of natural person's name right should be based on the name recorded in the valid identity registration, including the name recorded in the valid documents such as ID card, passport and household registration. If it is a pseudonym, a stage name, a screen name, a translated name, etc., which has the same pointing function as a name, according to the provisions of the Civil Code, it must have a certain social reputation and be used by others enough to confuse the public before it can be protected with reference to the relevant provisions on the protection of the right to use names. For the determination of the subject of such appellation rights, we should consider the time span of use, the popularity of appellation, and whether the appellation itself has strong recognition. Only when the title and the specific object have formed a stable and specific pointing correspondence, the subject to which the title points is the subject of rights.
2. Determination of infringement. From the type of infringement, the main forms of infringement of the right to name are unauthorized use of other people's names in commercial fields such as advertising, trademark registration, enterprise name, font size, etc. or counterfeit use of other people's names. In recent years, the incidents of going to school by impersonation reported one after another are typical torts of impersonating others' names. The right to name is an important personal right, which is protected by law. Anyone who uses another person's real name without permission constitutes infringement. Unauthorized use of other people's pen names, stage names, translated names, screen names, etc., which causes public confusion, also constitutes infringement. It should be noted that the use of other people's names only for indicative and descriptive purposes does not belong to the infringement of the right to name. However, those who intentionally "touch porcelain" other people's names by changing their names cause public confusion. Although their names are legally used in form, they are used in a way that violates public order and good customs, and may still be suspected of infringement.
3, the way to bear civil liability. Infringement of the right to name is an infringement of the personality rights of others. According to the provisions of Articles 179 and 1182 of the Civil Code, the obligee may, according to the specific circumstances of the infringement, request the infringer to bear the civil liability of stopping the infringement, restoring the reputation, eliminating the influence, making an apology or compensating for the losses. Under special circumstances, if the infringement is stopped or there is legal impossibility, alternative methods can be flexibly adopted to eliminate the impact of infringement and achieve the legal effect of stopping infringement. For example, in the Shanghai No.2 Intermediate People's Court, the verdict of a basketball player v. a company's name right dispute case could not be revoked because the name trademark involved had passed the statutory revocation period. The court ruled that the infringer used reasonable methods, including distinctive signs, to indicate that there was no connection between him and the plaintiff, so as to eliminate the connection, the real difference and stop the infringement. Although it may be counterproductive to remind the public to associate with the name holder by adopting the distinctive logo, it is still doubtful whether it can really play a role in directing and blocking the public's association with the name holder. However, in the case that the registered trademark has passed the statutory revocation period and cannot be revoked, adopting the distinctive logo may be the simplest and most economical remedy at this stage, which can eliminate the adverse impact on the name holder to the greatest extent.
4. Determination of the amount of compensation loss. According to the provisions of Article 1182 and Article 1183, paragraph 1, of the Civil Code, if property damage or serious mental damage is caused by infringement of another person's name right, the name right holder may request compensation for property damage or mental damage. Specifically, if the name that has been fraudulently used or stolen is a well-known name and has been commercialized, the right holder of the name may request the infringer to compensate for the property loss. The specific amount of compensation can be determined by considering the degree of fault, the predictability of the infringer to the damage consequences, the infringer's profit, the time of infringement, the price of similar authorized use, and the cost of rights protection. If serious mental damage is caused by the infringement, you may also request compensation for mental damage. The degree of mental damage can be comprehensively determined by combining the time of infringement, the way of infringement and the consequences caused. On the basis of considering the degree of mental damage, the specific compensation amount is comprehensively determined in combination with the degree of eliminating influence or restoring reputation, and whether there are alternative remedial measures.
to sum up, protecting the names of natural persons is an important guarantee for maintaining their integrity.
Legal basis:
Article 113 of the Civil Code of the People's Republic of China
Legal persons and unincorporated organizations have the right to name, and have the right to decide, use, change, transfer or license others to use their own names according to law.
Article 114th
No organization or individual may infringe upon another person's name right or name right by interference, embezzlement or counterfeiting.
article 117th
pen names, stage names, screen names, translated names, font sizes, abbreviations of names, etc., which have a certain social popularity and are used by others enough to cause public confusion, shall be referred to the relevant provisions applicable to the right to name and the protection of the right to name.