商品化权研究法律专业论文.docxVIP

1 1 Abstract In modern society, along with the rapid development of commodity economy and Business model’s innovation, using celebrity image has become an effective means of marketing ,celebrity business value got more and more attention. Many foreign countries have been in the form of legislation or jurisprudence on the image of the interests of natural persons of legal protection, and the protection mode is not the same. Currently, our law has not yet clearly defined the commercialization rights to protect the interests of the image of a natural person. In judicial practice usually integrated use relevant laws, but only to protect the legitimate interests of the rights holders, law lag highlights the increasingly urgent demands of the development of the commercialization of the right system. This article is divided into four parts. The first part details the Jordan case and leads to problems. In March 2012, Michael Jordan prosecuted Jordan Sports Co., Ltd. on grounds of violations of the right to a name, and suddenly arousing heated debate of the major media , experts and scholars. The second part is an overview of the merchandising right. First, it presents the origin and development of the U.S. commercialization rights , and then clears the relationship between commercialization rights and privacy. The third part is thinking of our commercialization rights’ protection mode.By analyzing the dispersion of our current legal protection means’ shortcomings and defects that can not be overcome, combined with the practical needs of our society and systematically expounded the theoretical value of the merchandising right, demonstrate the need to establish commercialization rights in China, and proposed the establishment of a separate commercialization right system.The commercialization rights system not only embodies the legal value of fairness and justice, to protect the rights of the legitimate rights and interests, but also to promote and encourage rights holders to