From Intellectual Property To Commercialization Rights

In the Intellectual Properties protection, we find it is difficult to protect somenew rights by means of the relief approaches from the current IntellectualProperties laws and regulations. The purpose of this dissertation is to analyzeefficient relief on the right of publicity of famous image under the specific acase and further figure out good and weak points of the protections under suchregulations. So that we can consider to establish the system of right of publicityand improve the Intellectual Properties systems of our country.The research methods of this dissertation are analysis of theories and empiricalstudy. Based on the necessary materials, I try the best to discuss thoroughly theweak points by comparison and legal interpretation and logical analysis andconfirm it is necessary to establishment of right of publicity will improve ourcountry's Intellectual Properties systems. Further, I raise out the proposal oflawmaking. There are 4 chapters in this dissertation.Chapter I, It is referred of a case in relation to "packing" and analyzed that Itwould disclose not a few weak points if we choose the relief approach for the3-D packing design from the Trademark Law, Patent Law, Copyright Law andAnti-competition Law. I conclude the general disbennifit from the currentIntellectual Properties legal systems.Chapter II, it is discussed of the definition, content, protected target of the rightof publicity. I analyze what images are deemed as the ones under protection ofright of publicities. At the same time, the term and limitation of right ofpublicities have been discussed as well. Having compared the law makingexperience of other countries, I advise the proposal of the lawmaking of ourcountry.Chapter III, it is analyzed to protect the "packaging design" pursuant to rightof publicity system. To compare systems among the right of publicity andtrademark law, patent law and copyright law. It is concluded that right ofpublicity is better in some sense. To improve the Intellectual Properties rightand protect the all elements of image.Chapter IV, Conclusion – lawmaking of right of publicity is most approach toprotect the above mentioned right , which is better than traditional IntellectualProperties right.