The Right of Publicity and Unfair Competition Law

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For two decades a case law that admits the "right of publicity" has been developed in Japan. However, the nature of the right of Publicity is still unclear and its scope also remains obscure.In order to clarify the scope of right of publicity, this research makes a comparative study between the right of publicity and unfair competition laws, which protects proprietary interest of trademark owner. The research specially focused on the history of the development of trademarks law and studies how trademarks law deliberately has defined the scope of protection of trademarks.The research shows that the right of publicity and trademarks law has a certain common basis and that, through making reference to trademarks law, the scope of publicity right would be clarified to a certain degree.