Research On Commercialization Rights

The right to commercialization is a property right of freshmen under the conditions of rapid development of the market economy.China has not yet clearly defined the “commercialization right” from the legislative level,but there have been related cases of commercialization rights in the judicial practice,from the right to personality.From the conventional explanation of the right to portrait and name rights to the interpretation of the expansion of portrait rights,the use of commercialization rights and commercialized rights and interests are explained,and judicial practices are constantly updated.There is no fixed argument about the title,scope,and qualitative of commercialization rights at home and abroad,showing a diversified and differentiated state.There is also a big difference in the protection model of commercialization rights in various countries,mainly protected by “image rights”.Property rights model,as well as the protection model dispersed under the personality right system and the intellectual property system.The protection of commercialization rights in China is the coexistence of the personality right protection model and the intellectual property protection model.However,these two models also have their own drawbacks.There is a contradiction between the protection of personality rights and property interests.The protection of namesakes,similarities,imitation voices,and impersonal performances is lacking.The scope of protection of personality rights is more clearly defined,and the scope of expansion of commercialization objects is not compatible with the interests of group artists.Distribution issues;intellectual property protection model exists inconsistent with the protection of virtual roles and copyright,the limited interpretation of copy rights,the lack of originality of title and role names,and obstacles and cost issues such as trademark rights and registration rights under patent rights,trademarks The right of the same name for the trademark registration is difficult to regulate,and the lack of specific provisions of the anti-unfair competition guidance,is the issue of post-liberty relief and other issues.The existing personality right protection model and intellectual property protection model cannot effectively guarantee the realization of commercialization rights benefit.Only by constructing a special commercialization right protection system can it provide comprehensive and effective protection.When constructing commercialization rights and legislation,comprehensive consideration shall be given to the characterization of commercialization rights,the subject of rights,the content of rights,the limitations of rights,the duration of protection,and the principle of determination of infringement.