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宋红松:Additional Protection of Celebrities ' Personal Features by Unfair Competition Law: China's Perspectives and Practices
宋红松:Additional Protection of Celebrities ' Personal Features by Unfair Competition Law: China's Perspectives and Practices

 Abstract: Courts and other authorities in China start to invoke Anti Unfair Competition Law to deal with the rampant and subtle commercial abuse of celebrity's personal features in recent years. This article examines the typical cases in this area and derives general principles from them in order to achieve a better understanding of the additional protection of celebrity's personal features by unfair competition law in China.
I. Introduction
II. Innovative Free-riding Methods
1. Imitating a celebrity's image
2. Imitating a celebrity's voice
3. Imitating celebrity's name
III. Insufficient Protection by the Legal Instruments in Civil Law
IV. Protection from Intellectual Property Law
1. Trademark Law
2. Copyright Law
V. Additional Protection of Unfair Competition Law
1. The Unfair Competition Nature of Imitating Celebrity's Personal Features
2. Judicial Practices in China
3. Supplementary Protection or Independent Intellectual Property
文章来源:《欧洲知识产权评论》2015年第1期(总第37卷)(European Intellectual Property Review)