| Modern society, the business is highly developed, it greatly promote and stimulate the rapid development of the advertising industry. Traders use sports stars, actor or other people’s names and portrait do endorsements, has become a common phenomenon. But our country no matter in theory and judicial practice, the right of personality logo commercialization use and regulation are in exploration stage, there are many problems to explain. Facing the social development of the appeared new problems, and how to theoretically to scientific and rational explanation, how in the future of the right of personality legislation in response to a phenomenon is worth studying.The first part is the right of personality logo commercialization basic problems. First, through the analysis of the personality, the personality rights, personality logo and personality logo related nouns concept of commercialization and define the concept of right of personality logo commercialization. Then discusses the commercialization of the nature of the right of personality logo, intangible property right, and said, the new intellectual property and specific personality right said, this article take the third kind of specific personality right said. Finally from the subject, object, content three aspects of personality logo the main content of the commercial rights.The second part is marking the legitimacy of commercialization personality right theoretical basis. The main part of the solution to our country personality logo commercialization why QuanYao legal guarantee? The right justification reason? What are those? This paper respectively from the economics theory and method of the personality rights theory two demonstrated the right of personality logo commercialization justification, and individual should enjoy themselves out of the right of personality logo commercialization, and emphasis on the right of personality logo commercialization of legal protection is very important.The third part is to the right of personality logo commercialization foreign inspection. The first section examines the privacy and the right of the United States through public two right of personality is the commercial use protect logo; The second section examines the British to the protection of personality logo commercialization, its main through the trademark law and copyright laws of protection; The third quarter of Germany examines the personality of legal adjustment of commercialization identification model. Through the western developed country to personality of legal protection of mark commercialization of advanced experience, for our personality right theory research and mark commercialization judicial practice, provide abundant material.The fourth part is to solve the logo of the right of personality commercial legal protection. First of all know in our country at present the relevant identification of the right of personality commercial law protection mode and the existing problems, and the second is to solve in the right of personality logo commercialization of the law system construction, from the protection method, protect the object and contents of three aspects of the construction of legal system. |
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