Right to Publicity: Is There a Need for a New Intellectual Property Right?

8 Baku St. U. L.Rev. 257 (2022)
Article language: Azerbaijani.

In modern times, the boundaries of intellectual property rights have expanded, and the right to publicity has begun to be accepted as an intellectual property right. Although the right to publicity is a right derived from the right to privacy, over time it has acquired characteristics inherent to the right to intellectual property. In recent years, in addition to the increase in the registration of information identifying famous people as trademarks, the use of their image, name and other personalizing information in goods has led to the actualization of this right. Since this right touches areas such as media rights and freedom of the press, and the scope of its application is wide enough, the article analyzes only the trademark aspects of the right to recognition, drawing attention to the approaches in the Anglo-Saxon and Romano-German legal systems. In the article, it was also pointed out that in the current legislation of the Republic of Azerbaijan, there is a need for additional regulation regarding the registration of the identification information of known and unknown persons as a trademark.

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