Liability Of Tort Of Commercial Rights Of Personality

Commercial rights of personality are kinds of right of personality that can be applied in commercial activities. Commercial rights of personality are rights that citizens and legal persons used to maintain the commercial benefit of personality. As the result of commercial wave, commercial rights of personality get more and more infringements which are more severe than common rights of personality. So, it is necessary and urgent to protect the owner of commercial rights of personality. In the thesis, the writer discuss the acts of tort of commercial rights of personality, the principle of conclude the responsibilities, the constituent elements and the ways of responsibilities. The writer wants to construct a system of liability of tort of commercial rights of personality in the thesis and provides more protections for commercial rights of personality.There are four parts in the thesis. In part one, the writer discuss the five kinds of acts of tort of commercial rights of personality, the act of infringe public right, the act of infringe right of trade name, the act of infringe right of goodwill, the act of infringe right of credit and the act of infringe trade secret. All the people can be protected by the system of public right. Beside name and image, voice and other personal benefit can be infringed. Right of trade name is an important right that the commercial principles hold. There is enormous benefit in it. The other people cannot infringe it. Right of goodwill has strong exclusive trait. The other people will not going to disturb and damage it beside the owner. Right of credit is one kind of right that civil subject hold to use, protect and maintain because their good debt paying ability and social trust. Right of credit can be used to confront the other people. The other people cannot infringe the benefit of credit. The protective range of trade secret is technical information, operation information and the other related information that the owner take secret measures to protect. The others cannot infringe the trade secret which is protected by secret measures.In part two, the writer discuss the principle of conclude the responsibility and the constituent elements of commercial rights of personality. There are two points about the principle of conclude the responsibility, one is liability for fault, the other is liability without fault. The writer thinks the principle should be liability for fault. Then the writer analyzes five reasons about the maladjustments of the principle of liability without fault. Through using the systems of America and England for reference, the writer thinks there are four constituent elements of the act of tort, they are the illegal act, the damage, the consequence and the fault.In part three, the writer discusses the ways of responsibilities of commercial rights of personality. The writer thinks that the ways of responsibility should have its own characteristics. In the aspect of property damages, commercial rights of personality have some particularities, for example, the putative computing mode of damages, the system of legal damages and the punitive damages. The simple commercial use in the name, likeness and other individual identities usually will not cause spiritual damage. If there is some spiritual damage, we can apply the ways of right of privacy and right of reputation. As a result, spiritual damages have some finiteness. In addition, commercial rights of personality are special personal rights, the common personal elements can also be infringed by the act of tort. As a result, the protection of commercial rights of personality also contains something common, like stopping infringing, making a formal apology, eliminating ill efforts and so on.In part four, the writer discusses the integrity of the system of tort on protecting commercial rights of personality. In the scope of civil law, there are mainly three ways of protecting commercial rights of personality, one is general principles of civil law, the other is intellectual property law, the third is anti-unfair competition act. But there are some shortages in the three ways of protecting. The writer discovers that the best way to protect commercial rights of personality is the way of law of tort. We can punish and discipline the infringer using tort liability. Firstly, we should consummate the rules of tort and make the principle of conclude of responsibility into common rules of liability for fault. We can confirm common constituent elements of tort and make adaptive damages of commercial rights of personality. Secondly, we should establish public right, right of goodwill, right of trade name, right of credit, right of trade secret in the specific personal rights in order to strengthen the protection of law of tort.