Portrait rights are not intellectual property rights. Intellectual property rights include copyrights, patent rights, trademark rights, and the exclusive rights enjoyed by obligees in accordance with the law with respect to geographical indications; trade secrets; integrated circuit layout designs; new plant varieties; and other objects stipulated by law. The right of portrait is a personality right, not an intellectual property right.
Legal basis
Article 123 of the "People's Republic of China and Civil Code"
Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademark;
(4) Geographical indication;
(5) Trade secret;
(6) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law.