Research On The Protection Of Property Interests In Personality Rights

The traditional theory of personality rights has been challenged with the advancement of age and development of technology.The right of personality is no longer just a spiritual right.Under the wave of commercialization,the commercial use of personality characteristics is getting more and more common,in this way,the property interests of personality rights have become increasingly prominent.However,as deeply influenced by the civil law system,the commercialization of personality rights has always been in a wait-and-see attitude.Even for the existence of property interests,the legislature has not issued relevant laws to confirm it from the beginning to the end.It has also gone through a long process from a complete disapproval to recognition in judicial practice.At present,many countries in the world,such as the United States,Germany,etc.,have established corresponding legal systems for the protection of property interests in the right to personality.In contrast,although China has adopted corresponding protection measures,it only protects them indirectly through intellectual property law,anti-unfair competition law and so on.There is no positive and systematically regulation.Even the landmark Article 20 of the Tort Liability Law is very general in terms of the property benefit relief rules in the right to personality,and its application in practice does not meet the purpose of legislative expectations.Therefore,China should establish a set of system suitable for the protection of property interests in China’s personality rights based on its own national conditions and lessons from external experience.