The Study On The Merchandising Right Of Personality Right

With the clue of the origin of "personality" in Roman law, combined with the study of the nature of personality right, this thesis makes a research on the merchandising right of personality right. It consists of three parts:introduction, main body and conclusion. The introduction discloses the background, the reason of this article, as well as the purpose of this essay.The main body includes five chapters. The first chapter discusses the conception and evolution of personality. With the discussion on the negation and admission on personality right, the article comes to the conclusion that personality right reflects the "essential attribute of human being. It is actually the protection of personality right. The right of personality aims to protect personality, and it is not created by the Constitution or civil law.The second chapter is the focus of this essay. It discusses the merchandising right of personality right from three aspects, including the power and functions of personal rights, the nature and value of the merchandising right of personality right. The nature of the merchandising right of personality right differs in theory, including intangible property right, personality right, property right, the expansion of personality right, the doctrine of dual rights, new intellectual property. In the above doctrines, I agree with the expansion of personality right, and the commercialization of it is still built on the basis of personality right. The third chapter of the article is about the restrictions on the merchandising right of personality right. In the main, it can be owned by a natural person, not limited to celebrities, What's more, it can only be the scope of the embodiment of power, and should be subjected to external restrictions of the legislation, public order and good morals and the prohibition of abuse of rights, as well as internal restrictions.The fourth chapter compares the legislation in comparative law. It includes the right of publicity in the USA, the counterfeiting lawsuit in British law, the protection within the scope of personality right in Germany, the role of commercialization in Japan and moral damages in China's Taiwan region. Accordingly, the legislation varies in comparative law.The final chapter mainly discusses the attitude of the legislative status quo in China. And the claims to the damages caused by the unlawful infringement on the merchandising right of personality right are on the basis of the explanation for the purpose of the current Article20of the fort Liability Act". The damages and the traditional sense of emotional damages are significantly different. It is precisely because of the property interests as the core, the power may be transferred. And it is necessary to recognize that the merchandising right of personality right can be inherited after the death of the right holders.