Personality as Property

ABSTRACT

The concept of personality has traditionally been associated with the physical human body. However, with the expansion of various forms of property, including Intellectual Property Rights (IPR), the notion of personality can no longer be confined solely to an individuals physical existence or right to privacy. Individuals invest substantial financial and temporal resources in cultivating a distinct personality, often with the objective of commercializing its unique attributes. Despite this, the legal definition of personality remains ambiguous, with different jurisdictions interpreting it through varying legal principles. The most widely accepted understanding of personality is through the Right to Privacy and Bodily Integrity. However, Intellectual Property Law has facilitated the creation of property rights linked to specific attributes of personality, reflecting its intrinsic characteristics and granting individuals legal protection under IPR. This paper examines the concept of personality across various legal systems, analyzing its evolution through historical and legal frameworks. By doing so, it seeks to establish a concrete legal right to protect distinct attributes of personality within different jurisdictions.

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