On The Study Of The Merchandising Of The Right Of Personality

Now, we are in the public consume time. With the development of the market ecnomic,the universal use of the public media and the innovation of the commercial publication, the commercial competitions focus on the products attraction to the consumers.The natural person,espacially the public person's name,portrait and so on has an impact on the consumers.Consumers will trust them through the signature.It brings the ecnomic interests to the signature.while, it also brings about more and more disputes. This dissertation introduces a case,which happened recently about the improper use of the natural person's signature,then bing out the question,should our country set up the institution of the merchandising of the right of personality.If the answer is yes, then how to do this?The dissertation has four parts.The first part, the summary of the merchandising of the right of personality. This part gives the concept of merchandise and the merchandising of the right of personality, introduces the feature of merchandising of the right of personality and its targets:name,portrait, voice and the comperehensive of the signature.The second part, legitimacy analyze of the merchandising of the right of personality.This part introduces the merchandising of the right of personality's theoretical basis, logical basis, social basis and its value in the law.There all support the opinion of admitting the merchandising of the right of personality in law and confirms our country should establish the institution of the merchandising of the right of personality. The third part, reviews the law protection models of the merchandising of the right of personality in the U.S.A,Germany,England,Japan and other countries,take a deep reasearch on each model,analyse the merit and the defect.The fourth part, the design about the institution of the merchandising of the right of personality.in the domain of legislative,the law confirm the economic interests in the right of personality and endow it with assignability and descendibility;in judical practices, relieve the victim by the contract breach rule,the tort law and the institution of unjustified enrichment;to set up a society organization to regulate the use of the personality and provide its own protection. Provided that the property rights in personality is different from the general property right, there are some restrictions when law provides the protection.