Issues On The Commercial Use Of The Right Of Name In China

As China’s economic development, more and more vendors want to commercialuse of someone else’ name,especially celebrity’name,to attract consumer attentionand to get commercial interests. Vendors want to get the maximum benefit withminimum cost,often commercial use of another’s right of name without approval.ButChina did not admit the commercial use of the right of name.Commercial using of theright of name include two basic elements:(a)use someone’s right of name;and(b)getthe commercial benefit.Although more and more phenomenon of use another’s rightof name occurs,China’ court just can resolve the cases which are in the scope of thecurrent laws,just as Personality Rights Law,Trademark Act, Anti-Unfair CompetitionLaw and so on.But so many such cases are beyond the scope of existing law,so wemust protect commercial using of the right of name by referencing of actions inWestern.We want to deep explore of which way we should choose to protect and howto protect.In the Uinted Kingdom,there is no specific law to protect commercial using ofthe right of name,just by using "Counterfeit action" of anti-unfair competition andTrademark Act to provide some limited protection.The German Law is more mature.On the basis of the traditional personality right,Germany put forwad a innovationpoint,that is, name has property rights.Germany protect commercial using of the right of name by "the mode of Unified personality right",which including protect theinterests of the spirit of personality right and protect the interests of the property ofpersonality right.In the United States,there is the right of publicity. The right ofpublicity is the right of every human being to control the commercial use of one’sidentity,which includes the name.Through analyzing from exclusive right and beneficial effects,come to aconclusion, that is we should admit the commercial use of the right of name and toprotect it. We can learn from America,to creat the right of publicity to protect thecommercial use of the right of name. There (a)use another’s name;(b)aim to get thecommercial benefit;(c)without the consent;(d)cause damage to the rights-holdersconstitute the infringement of the right of publicity...