Research On China’ Legal Protection For Commercialization Of Personality Right

With the development of market economy, technology advances, people’s life has been associated with the commodity economy. In order to attract the attention of consumers, it become a more and more common phenomenon that businesses use celebrity name, portrait personality to promote product sales, enhance its competition advantage and get high profit.At the same time,it appears dispute that enterprise use celebrity personality without their agreed. To explore the present legislation of our country, this has not been clearly stipulated. Therefore, the problem will be the research object in this article, draw lessons from the foreign related system, put views to perfect our commercial law of personality right.This paper consists of four chapters:the first chapters, overview the commercialization of personality right.Through introduction of the general theory of moral right, leads to the commercialization of the concept of moral rights, definition of the basic properties and be commercial utilization of the basic types of personality identified, and finally analysis of moral rights is reasonable from reality theoretical land legalistic. The second chapter, commercialization of right to personality of legal protection mode of investigation. This chapter describes the two law systems on the commercialization of right to personality protection mode, mainly with the American mode, British public right fake action mode and the unification of Germany right mode as the typical representative, based on the analysis of advantages and disadvantages of reference models of foreign countries, in order to make commercialization of right to personality of legal protection mode choice. The third chapter,the current law of our country on the commercialization of right to personality the protection and deficiency. In reality, the well-known personality identification by the infringer’s invasion, is the current copy right law, trademark law, personality right law and anti-unfair competition law to give indirect protection, but the legislative purpose and ways of restricting, itself a great limitations. The fourth chapter, improve China’s existing laws on the commercialization of personality right of legal protection. This chapter is above one chapter introduces various laws lack of corresponding sex, put forward to perfect our country personality right of commercialization and some suggestions. Finally, the personality right of commercialization also need to take the tort liability law to protect, summarized the infringement of commercialization of right to personality of the standards, and puts forward the compensation for property damage, supplemented by other form of liability relief way, at the same time the personality right of commercialization limit, to prevent the abuse of the right of the subjects of rights.