Doctrinal Interpretation of the"Reference Application"Rule for Voice Protection
The second paragraph of Article 1023 of the Civil Code adopts the quasi applicability legislative technique of"reference application"for the voice protection for the first time,but the operation path is not clear.Firstly,the doctrinal interpretation of the scope of adjustment of Article 1023(2)of the Civil Code should be carried out.As the subject of"reference application",the"protection"in"voice protection"refers to all matters except for"qualification confirmation",and the"voice"should be understood as"voice interests".As the object of"reference application",the"relevant provisions"shall not be limited by the scope of this chapter or this part.Secondly,the scope of provisions of voice protection that can be cited should be limited,and the"difference"that constitutes the trigger of the"exception of reference application"should be limited to the difference in infringement forms and protection levels.In the case involving"difference",Article 998 of the Civil Code should be used as the basis for the identification of voice tort liability,and the remaining part classified as"similarity"may invoke the provisions of the protection of portrait right.
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