论传统老字号商号权的法律保护

传统老字号蕴涵着丰富的传统文化和宝贵的无形资产,保护传统老字号及其商号权具有重要意义。目前还没有直接保护传统老字号商号权的国内法。应当利用现行法律从知识产权、民事、行政等方面间接保护和通过立法直接保护仍在业的传统老字号的商号权;对于非在业传统老字号的商号权的保护也应给予重视,不能笼统地将它们推向公有领域。必须历史地考察非在业传统老字号创立和演变过程,确定其权属和保护期限并加以保护。

On the Legal Protection of the Right of Traditional Name of a Shop

Traditional name of a shop contains plentiful traditional culture and valuable intangible property,and the protection of traditional name of a shop and the right of it is of great significance. At present there is not a domestic law protecting the right of traditional name of a shop directly. The right of traditional name of a shop in operation should be safeguarded according to the current intellectual property,civil and administrative law and in terms of legislation;great attention should also be paid to the protection of the right of traditional name of a shop not in operation which should not be pushed into public field generally. The process of building and evolution of traditional name of a shop not in operation should be examined historically whose ownership should be confirmed and protective deadline be protected.