Publication details
Obchodní jméno jako věc a možnosti dispozic s právy k němu se vztahujícími v komparativních souvislostech
| Title in English | Trade name as a thing and transferability of rights belong to them |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | What is the trade name in a legal sense and how can it be sold or licensed by an entrepreneur to a third party? Present Civil Code has leaned towards a broad conception of the thing in a legal sense and thus allows anew the existence of intangible things in a legal sense. Regarding the new con-ception and the established definition of the trade name, as a sign that identifies a person within their business activities, it would be possible to qualify the trade name as the thing in a legal sense. But, does this conclusion always apply - even in a situation when we speak about a trade name of an entrepreneur who does his business under the name that consists of name and surname of a natural person? And if we conclude that the trade name is the thing in a legal sense, does it also mean that the trade name holder has a right of ownership to his trade name? The contribution will bring the answers to these questions in the context of Czech law and selected foreign legal orders. |
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