Le nom et l'image de la personne, objets de marque : le droit brésilien face aux droits français et communautaire

Abstract : This study develops marketing aspects, as well as law issues connected with the use of the name of a person as well and/or its image, as a trademark of products or services.In law, we know that the trademark is an industrial property right and when it is composed by the name of a person or by it's image, these rights touch another area of the law: personal rights connected with the identification of the person. It is an individual right which shall not purely and simply be treated like a commercial good like any other. However the name and the image of certain people have such an economic importance, and a special value, that their exploitation becomes one of the most considerable assets of its owner.The trademark will be observed on the marketing side in a manner to attract the clients, and then be developed according to the law aspects and to the personal civil rights, real rights and its forms of exercise.A deeper study of the personality rights and the trademark law is essential to understand this intersection of protection as well as the limits of exploitation.France and Brazil develop this issue in a very similar way and, mainly in Brazilian law, we notice a very important influence of French law in the subject matter. The procedure, prosecution and litigation aspects as well as the counterfeiting are also being developed, as well as the unfair competition, abusive use of third parties' personal rights, protection and exploitation
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Theses
File URL :
http://docnum.univ-lorraine.fr/prive/DDOC_T_2012_0407_MANSUR_MURAD.pdf
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https://hal.univ-lorraine.fr/tel-01775975
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Submitted on : Tuesday, April 24, 2018 - 3:48:41 PM
Last modification on : Wednesday, April 25, 2018 - 1:32:41 AM

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  • HAL Id : tel-01775975, version 1

Citation

Flavia Mansur Murad Schaal. Le nom et l'image de la personne, objets de marque : le droit brésilien face aux droits français et communautaire. Droit. Université de Lorraine, 2012. Français. ⟨NNT : 2012LORR0407⟩. ⟨tel-01775975⟩

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