1. What are the regulations on trademark infringement of portrait rights? 1. Article 100 of the General Principles of the Civil Law: Citizens enjoy the right of portrait, and citizens’ portraits may not be used for profit without their consent. . 2. Article 120 of the General Principles of the Civil Law: If a citizen's right to name, portrait, reputation, or honor is infringed upon, he or she has the right to demand an end to the infringement, restore reputation, eliminate the impact, apologize, and may demand compensation for losses. . 3. Article 139 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the People's Republic of China and the Civil Law of the People's Republic of China (Trial)" (hereinafter referred to as the "Opinions"): For the purpose of profit, any use of the information without the consent of citizens The use of portraits in advertisements, trademarks, window decorations, etc. should be considered as infringement of the portrait rights of Weng. 4. Article 150 of the "Opinions": If a citizen's right to name, portrait, reputation, honor, or a legal person's right to name, reputation, or honor is infringed upon, and a citizen or legal person demands compensation for losses, the People's Court may, based on the fault of the infringer, The liability for compensation shall be determined based on the extent, specific circumstances, consequences and impact of the infringement. 5. If the infringer makes a profit by infringing upon another person's right of name, title, portrait, reputation, or honor, the infringer shall confiscate his illegal gains in addition to compensating the victim's losses in accordance with the law. 2. Disputes over infringement of portrait rights Portrait rights is a legal term, but its legal concept has not been clarified. The right of portrait stipulated in the law is based on the portrait of a citizen. Portrait refers to the expression of the external image of the human body through a certain medium with a certain person as the subject. Such as portraits, photos, etc. Through artistic means such as painting, photography, sculpture, video, and film, a portrait is formed by reproducing the appearance characteristics of a natural person on a material carrier. The characteristic of a portrait is not only that the portrait and the original person are objectively independent of each other and become objects that can be controlled by human beings, but also that it has complete, clear, intuitive and discernible image reproducibility or image identity. The image mentioned here refers to the visual effect formed by the comprehensive characteristics of the original person's appearance on others, which can cause ordinary people to have thoughts or emotional activities related to the original person. Legally speaking, portraits should focus more on the external image of a person's face, meaning that through this external form of expression, normal people can recognize the original person. Portraits, photos and other carriers, if their content cannot reproduce the comprehensive characteristics of the original person's appearance, cannot cause ordinary people to have thoughts or emotional activities related to the original person, and ordinary people cannot clearly intuitively recognize that the content is the image of a certain natural person, such a carrier It cannot be called a portrait. If the content expressed by the carrier can only be determined by comparison with high-tech technical means, it is a unique part of the image of a natural person rather than a clear and complete image of the natural person. Most people cannot clearly intuitively identify that the content expressed by the carrier is that natural person. , then this carrier cannot be called a portrait of the natural person. This natural person is only the original person of the content expressed by the carrier, not a portrait person. Since the content expressed by such a carrier does not constitute a portrait, the original person does not enjoy portrait rights over this content. Portrait rights are very important among civil rights. If you use someone else's portrait and obtain corresponding benefits, it may constitute an infringement. At this time, you can ask the corresponding person to stop the infringement and get compensation. The law clearly explains what constitutes infringement of this right of portrait.