Privacy, Property and Personality隐私、财产与人格：商业占有民法透视 fb2 pdf azw3 网盘 rtf 免费 下载 txt

　　The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition.

Preface page

Table of cases

Table of statutes

List of abbreviations

1 Introduction

The commercial value of aspects of personality

Commercial and non-commercial interests

Personality, privacy and intellectual property

Competing doctrinal bases of protection

Synopsis

2 Property, personality and unfair competition in England and Wales, Australia and Canada

Introduction

Liability based on misrepresentation: the tort of passing off in English and Australian law

Liability based on misappropriation: the Canadian tort of appropriation of personality

Conclusions

3 Privacy and personality in the common law systems

Introduction

From property to inviolate personality

Inviolate personality and the accretion of proprietary attributes

Conceptions of privacy

Reconciling privacy and commercial exploitation

The scope and limits of the right of publicity

Privacy in English law

Conclusion

4 German law

Introduction

History

Substantive legal protection

Post-mortem protection

Assignment and licensing

Remedies

5 French law

Framework and history

Protection of economic interests

Protection of non-economic interests

Remedies providing for prevention or cessation of the infringement: injunctions

Remedies providing for legal redress

Transfer

6 Conclusions

Introduction

Common features and contrasts

The three basic models of protection

Property, intellectual property and personality

Privacy, freedom of expression and commercial appropriation under the European Convention on Human Rights

　Conclusions: A gradual convergence?

Bibliography

Index

Huw Beverley-Smith is a Solicitor in the Intellectual Property and Technology Department at Field Fischer Waterhouse in London. he is also the author of The Commercial Appropriation of personality (Cambridge 2002).

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　　The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of intellectual property rights in an individual's name, voice or likeness in the major legal systems: France, Germany, the United Kingdom and the United States. It examines the tensions between protecting an individual's privacy and personality through intellectual property law and the wider public interests in free speech and free competition.

书籍介绍

The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of intellectual property rights in an individual's name, voice or likeness in the major legal systems: France, Germany, the United Kingdom and the United States. It examines the tensions between protecting an individual's privacy and personality through intellectual property law and the wider public interests in free speech and free competition.