The right of publicity in Chinese Law? A comment on the Michael Jeffrey Jordan case and comparative analysis with the US, UK, Germany, and the Asia Pacific

2020 ◽  
Vol 10 (4) ◽  
pp. 441-460
Author(s):  
Chenguo Zhang ◽  
◽  
Keyword(s):  
Comparative Analysis ◽  
Civil Law ◽  
Mainland China ◽  
Asia Pacific ◽  
Foreign Companies ◽  
Right Of Publicity ◽  
Unfair Competition Law ◽  
The Us ◽  
Trademark Registration ◽  
The Right

In Michael Jeffery Jordan v Chinese Trademark Review and Adjudication Board, the Supreme People's Court (SPC) set a precedent for foreign companies and celebrities enforcing their rights of publicity against malicious trademark registration in China. This article introduces the legal grounds of the SPC's deliberations on Jordan's claims and responds to the critiques of most Chinese commentators in the field of civil law. Deeply influenced by German law, mainland China's legal system strictly distinguishes between personality rights and property rights. Comparative analysis with the US, Germany, Japan, and Hong Kong indicates that different legal civilizations have developed different approaches to position the right of publicity logically in their legal systems. The Jordan decision indicates that the ‘right of the name’ is a prior right provided in Article 32 of the Trademark Law of the PRC. This article contends that the ‘right of the name’ as provided in the Chinese Anti-Unfair Competition Law differs from the ‘right of the name’ articulated in Article 110 of the General Principles of Civil Law (2017). The former concerns the commercial interest and property aspects of a celebrity's name, which is fairly similar to the right of publicity, while the latter regards the personality right. The further development of the right of publicity protection relies in mainland China on a consistent judicial practice.

scholarly journals Examining the Performance of Islamic and Conventional Stock Indices: A Comparative Analysis

2021 ◽  
Author(s):  
Mehmet Asutay ◽  
Yumeng Wang ◽  
Alija Avdukic
Keyword(s):  
Comparative Analysis ◽  
Global Financial Crisis ◽  
Performance Comparison ◽  
Asia Pacific ◽  
Financial Ratio ◽  
Stock Indices ◽  
The Us ◽  
Comprehensive Performance ◽  
Egarch Model ◽  
The Global Financial Crisis

AbstractIslamic indices encompass different fundamental principles to those held by conventional ones, which directs attention onto comparative financial performance. This paper offers a comprehensive performance comparison between Islamic indices and conventional indices, based on four main markets: worldwide, the US, Europe and Asia–Pacific for the period of 2007 and 2017 through financial ratio comparison and also the CAPM-EGARCH model. The main finding shows that Islamic indices yield higher average returns and lower risks during the 2007–2009 and 2013–2017 periods for all four markets, compared with respective conventional markets. During 2009–2013 period, the comparison proves inconclusive, since Islamic indices demonstrate better performance in European and Asia–Pacific markets, while conventional indices operate at an enhanced level within other markets. Overall, Islamic indices outperformed conventional indices during the global financial crisis period (2007–2009) and the latter post-crisis phase (2013–2017), especially in the European and Asia–Pacific markets.

scholarly journals Nesąžiningos konkurencijos teisė: koncepcijų ir doktrinos įvairovė užsienio valstybėse

Teisė ◽  
2008 ◽  
Vol 66 (2) ◽  
pp. 44-58
Author(s):  
Marius Jakutavičius
Keyword(s):  
Comparative Analysis ◽  
Legal Protection ◽  
Competition Law ◽  
Unfair Competition ◽  
Legal Basis ◽  
Unfair Competition Law ◽  
The Us

Straipsnyje pateikiama nesąžiningos konkurencijos teisės raidos Prancūzijoje, Vokietijoje, Jungtinėje Karalystėje ir JAV apžvalga. Lyginamuoju aspektu nagrinėjamos teisinės apsaugos nuo nesąžiningos konkurencijos koncepcijos, teisiniai pagrindai, taip pat doktrinos ir reglamentavimo šioje valstybėse ypatumai. The article presents an overview of development of unfair competition law in France, Germany, the Uni­ted Kingdom and the US. Herein is provided a comparative analysis of concepts of, and legal basis for legal protection against acts ofunfair competition, as well as doctrinal and regulatory peculiarities of unfair competition law in these countries.

TIM THALER'S EXAMPLE IS CONTAGIOUS: THE RIGHT TO PUBLICITY AS AN INTELLECTUAL PROPERTY RIGHT

2021 ◽  
pp. 180-186
Author(s):  
E.A. Afanasieva ◽  
◽  
E.G. Afanasieva
Keyword(s):  
Intellectual Property ◽  
Property Right ◽  
Intellectual Property Right ◽  
Us States ◽  
Commercial Use ◽  
Right Of Publicity ◽  
The Us ◽  
Public World ◽  
The Right

Most of the articles presented in this review were written in order to discuss the recently published J. Rothman’s book «The right of publicity: Privacy reimagined for a public world». We are talking about a specific intellectual right recognized by most of the US states - the right of a person to control the commercial use of elements of her personality.

scholarly journals Assessing Personal Injury Liabilities in China from National to Provincial Level: An International Comparative Analysis

2016 ◽  
Vol 8 (2) ◽  
Author(s):  
Felix W.H. Chan ◽  
Wai-Sum Chan ◽  
Johnny S.H. Li
Keyword(s):  
Comparative Analysis ◽  
Research Methodology ◽  
Common Law ◽  
Civil Law ◽  
Mainland China ◽  
Personal Injury ◽  
Substantive Content ◽  
The United Kingdom ◽  
International Comparative ◽  
Two Bodies

AbstractIn a tort-based legal system, when a party is injured as a consequence of another party’s negligence, the party should be provided with sufficient compensation so that he or she may live as fulfilling a life as possible after the injury. The moral objective underlying this supposition is intuitively appealing. It is not surprising, therefore, that this jurisprudential notion is favourably regarded and widely applied in various common law and civilian jurisdictions, despite differences in tradition and culture. Nonetheless, although the two bodies of law share a similar objective in this respect, there are a number of differences in the substantive content of the law and the configuration of the rules. The present authors argue, and provide empirical evidence to support, that there are signs of convergence as both legal systems are in fact applying the same multiplicand-multiplier approach in assessing the quantum of damages. Case studies in mainland China (concerning civil law) and in the United Kingdom and Hong Kong (regarding common law) are adopted as the research methodology to explore the broader implications of this convergence.

scholarly journals Comparative Analysis of US Presidents' Barak Obama and Donald Trump Foreign Policies

2021 ◽  
Vol VI (I) ◽  
pp. 287-297
Author(s):  
Sadia Fayaz ◽  
Nasrullah Khan
Keyword(s):  
Foreign Policy ◽  
Comparative Analysis ◽  
Vital Role ◽  
Donald Trump ◽  
Wrong Decision ◽  
The Us ◽  
The World ◽  
Foreign Policies ◽  
Us Hegemony ◽  
The Right

The policies formed by US leadership play a vital role in establishing US hegemony all over the world. The foreign policy of a state made according to the national interest. A rational decision of a leader plays a vital role in the effectiveness of the foreign policy. The challenges faced by Barack Obama in 2008 were somehow different from the challenges faced by Trump in 2016. The comparative analysis of both foreign policies would make it easy to determine the right and wrong decision taken by both leaders. The changing circumstances of the world would be identified through this research paper. The world is moving towards multipolarity, and somehow the decisions taken by Trump after his incumbent of office had the worst impact on US foreign policy because Trump was trying to isolate the US from world affairs, including trade and security.

scholarly journals Japan–India Relations Beyond Coping with China in the Indo-Pacific Region

2021 ◽  
Author(s):  
HORIMOTO TAKENORI
Keyword(s):  
Asia Pacific ◽  
Pacific Region ◽  
New Development ◽  
The Us ◽  
Regional Order ◽  
Future Direction ◽  
The Moment ◽  
Major Factors ◽  
The Right ◽  
Near Future

The Indo-Pacific region is said to be the center of the 21st century, unlike the Asia-Pacific in the 20th century. In the region, China is emerging rapidly in terms of economic strength, defense capability, and international presence. The US and other concerned countries are striving to cope with the new development. It looks that the US manages to somehow retain its Pax Americana as in the latter half of the last century. China which dreams to head for Pax Sinica has been implementing various measures including removing unfavorable circumstances to promote its dream. At the moment, it is hard to make prompt predictions on how these two Pax would be going. The key question would be ways to deal with China. Typical policies now under implementation are engaging policy represented by the RCEP and balancing policy by the Quad. These two policies have a timeline of short-term policy and middle-term policy. Perhaps, contents of the policies would be finalized depending upon China’s economic development as one of the major factors. To bring about peace and stability of the region, in tandem with them, it might be necessary to bring about a regional order of the Indo-Pacific where it has been lacking. The close relations of Japan and India could be utilized for such a purpose also. Although COVID-19 is afflicting the whole region, it is hoped that the pandemic could be overcome by vaccines and other measures in the near future. It is the right time now to ponder over the future direction of the Indo-Pacific region before it is too late.

Compelling Medical Examinations of Litigants: A Comparative Analysis

1986 ◽  
Vol 21 (2) ◽  
pp. 142-164
Author(s):  
Stephen Goldstein
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Other ◽  
Bodily Integrity ◽  
The One ◽  
The Right ◽  
Medical Examinations

Compelling litigants to undergo medical examinations or tests raises a very clear problem of conflicting values. On the one hand, compelling any person to undergo a physical examination or test against his will is a clear impingement on his rights of liberty, privacy and bodily integrity. On the other hand, there are situations in which without such examinations or tests of a civil litigant the right of his adversary to fair and properly conducted litigation would be frustrated.In this article, we will discuss how four different legal systems have attempted to balance these conflicting rights in their development of rules concerning such medical examinations. We will discuss rather fully three systems that are viewed as following common law procedure – namely, those of England, the United States and Israel – and compare them with that of Italy, as an example of the Romanist civil law countries.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

Sign in / Sign up

Export Citation Format

Share Document