Research On The Legal Protection System Of Merchandising Right Of Personality Identification

Due to the lack of relevant provisions of the commercial use of personality phenomenon in our country,legal system and the specific application in judicial practice cannot be found to solve this kind of problem,only with other legal system to make cross protection.Therefore,the interest in the reality has not been fully protected,resulting in the order of the problem in a chaotic state.The commercial use of the personality of the relevant rights holders cannot be protected effectively.Therefore in the commercial growing situation,it is necessary to develop a comprehensive system through legislation to give its full protection,to make up for the blank of personal identification of commercial use of the phenomenon of regulation of the legal system of our country.This article carries on the analysis from our current personality logo commercialization use of the present situation,from these aspects:the legal attribute of personality merchandising rights act,and the necessity of its legislation,and the law of its protection of the legislative pattern and tort relief and other aspects in this paper.This article,contains these four parts:the first part,theoretical analysis of the main use of the phenomenon of personality merchandising,clear attribute of the right of personality logo commercialization,through the analysis of the right of personality logo commercialization,identifying it as a special property right,and the right of the subject and object scope the theoretical basis,establish clear rights based on related issues for the right of personality logo merchandise below;the second part about the right of personality logo commercialization in the legislation setting,by combining the merchandising right of personality mark properties and basic characteristics of the present legal system,combining with the theory of the analysis of the current legislation of the country to the right of personality logo commercialization,the merchandising right of personality mark placed setting and positioning as a special property right and personality right law and consider revising.The third part is in view of our current legislation on the transfer of the right of personality logo commercialization and the right of personality logo commercialization inheritance issue analysis,and combining with the features of property interests and spiritual interests of personal identity being closely linked to deny the transfer of the rights protection of the deceased to appear at the same time,the commercialization of personality based on the specific interests,and the right of personality logo commercialization can be inherited.The fourth part is about the right of personality logo commercialization rights relief,the particularity of the right of personality logo commercialization and general property rights based on the redefinition of the elements of infringement that increase the legitimacy of the elements and reference endorsement contract and the provisions of tort liability law article twentieth as standard to determine the amount of compensation for the merchandising right of personality mark.