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 possibilities of dispositions with rights related to it in comparative context |
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| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | COFOLA 2019 - Část IV. Firemní právo a další práva na označení, právní a ekonomické souvislosti |
| MU Faculty or unit | |
| Citation | |
| Web | http://cofola.law.muni.cz/dokumenty/50358 |
| Keywords | Trade Name; Firm; Corporate Name; Thing in a Legal Sense; Transfer; License. |
| 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 conception 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? Or what other rights can have entrepreneurs to their trade names, and can it be transferred? The contribution will bring the answers to these questions in the context of Czech law and partly in the contexts of chosen foreign legal orders as well. |
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