日本商品化权的历史演变与理论探析-中国法学网.PDF

Abstract: After decades of development, the right to commercialization has gradually been accepted by the Japanese courts as a jurisprudential derivative of personal rights, tailored to protect the proprietorial interests of a natural person as a legal entity. However, the theoretical analysis of the right to commercialization is not confi ned to the theory of personality rights; rather, by means of the so-called “customer attraction” theory or incorporating the right to commercialization into the trade description system, an attempt to establish a more inclusive concept of the right to commercialization finds more advocates among the scholarships. Which approach is more appropriate? This is still a pending issue in Japan. Accordingly, a thorough understanding of the right to commercialization (as to the subject, object, duration, assignment and succession, infringement decision and defense, relieves and etc.) should be made against the backdrop of Japanese theoretical studies of the right to commercialization. In this way, the Japanese experiences may fi nd its signifi cance in the Chinese jurisprudential development. Key Words: right to commercialization; publicity rights; theory of personality right; theory of customer attraction; trade description c a