Commercialization Of Personality Right Of Legal Protection Of Property Interest

Under the background of the rapid development of China's market economy,the commercialization of personality rights has not been applied to the theory of personality rights inherent in the past.The traditional personality right theory,personality right has the specificity and the property,which can only be enjoyed by the right of personality right main body,not to transfer,inheritance,or authorized to give others to enjoy.And the protection of the right of personality is only limited to the protection of non-property pure spiritual realm.However,under the trend of market economy development,the development of the commercialization of personality rights has made the personality elements that are not of the nature of commodities become more and more common in the commercial operation.Legal protection of commercialization of personality right of property interest through study and analysis of the personality right commercialization basic concept,the content of commercialization of personality right is defined.At the same time,under the market economy system,the commercialization of personality right in the development of personality right of property interest generated gradually.In the process of the development of commercialization of personality right,personality right not only contains spiritual interests,should also include property interest,with the conventional concept of personality right is not the same.This property interests should be wrapped in personality right,and the property rights have different meanings.The generation of property interest is the result of a two-way penetration personality rights and property rights.Legal form of this kind of property interest is more special,that the nature of these special,academic property interest in the development of commercialization of personality right protection,the necessity of multiple theories support.For the protection of the property interest in the commercialization of personality right,the United States,Germany,Japan,Britain and other countries have their own protected mode.The method is based on "set" directly admitted that German method is based on "expansion" indirect recognition.On the basis of legal theory,the method focuses on the principle of imperium,namely direct give to the effect to public rights;And Germany more inclined to control principle,that is,through the expansion of the property of personality right,admit personal logo dominant rights of their own personality.All roads lead to Rome.Japan's right to the commercialization of the pattern on the name "ingenuity",but in its essence and right mode,not out of the nest of intellectual property rights protection mode.British and Australian fake suit is taken by the "infringement behavior model" is different from the German,beautiful patterns,but as a result of counterfeit suit on goodwill damage "false statements" if yan and the recognition on the lack of personality right system,lead to private law protection effect is not ideal.Can gain through such analysis,including the theory,system and the judicial practice experience,can be used for reference and to look at and review our country related legal regulation to make original sex.The necessity of the protection of personality right of property interest to reach a consensus,protection path,there were performed on the system.In China although the commercial use of personality right,the principle from the ban,but let the negative attitude,does not mean that a positive protection.Property interest in the development of commercialization of personality right in our country need to be included in the protection to the legal system,builds the corresponding legal system to achieve.By comparing the protected mode from all countries at the same time,for our country to unity as part of the personality right of personality right of property interest protection,draw lessons from German law protected mode is more appropriate.No matter in theory and judicial practice all is up to the present actual situation of our country's face.Finally to our country's current legislation and judicial practice to protect the interests of the property of commercialization of personality right is analyzed,the condition of the establishment of the protection of property interest range and way of relief.