The Right of Publicity and Unfair Competition Law

二十年来，日本已经形成了承认“形象权”的判例法。然而，形象权的性质尚不明确，其范围也不明确。为了明确商标权的范围，本研究将商标权与保护商标权人专有利益的不正当竞争法进行了比较研究。本研究特别关注商标法的发展历史，研究商标法是如何刻意界定商标保护范围的。研究表明，形象权与商标法具有一定的共同基础，通过对商标法的借鉴，可以在一定程度上厘清形象权的范围。

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.