نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The expansion of the platform economy and the role of influencers in advertising, marketing, and consumer behavior orientation have made their commercial reputation, media identity, and economic value one of the most important intangible assets in the digital space. However, legal systems do not have a unified approach in identifying the nature of this value and determining the appropriate form of its protection. The main issue of this research is whether the commercial reputation and economic value of influencers can be protected in the form of intellectual property entities or whether its protection requires the recognition of an independent right to commercial exploitation of the identity. In Iranian law, although there are some capacities in the areas of trademarks, copyright, civil liability, unfair competition, and protection of the name and reputation of individuals, the lack of explicit provisions on the economic value of identity and reputation has made protection sporadic, ad hoc, and to some extent uncertain. In American law, the right to fame or the right to commercial exploitation of personality, relying on the name, image, voice, likeness and other identity elements, provides a broader capacity to combat unauthorized commercial use of the reputation of celebrities and influencers. In the European Union, although there is no independent right similar to the American model in an integrated manner, a combination of trademark rights, personality rights, protection of perst the commercial reputation of influencers, but they can create a combined and efficient model alongside personality rights, fair competition rules and contractual mechanisms. In Iranian law, the most appropriate solution is to gradually recognize the right to commercial exploitation of identity and anticipate effective civil enforcement guarantees, while maintaining a balance between economic protection, freedom of expression and public interest.
کلیدواژهها English