The Study On Merchandising Right Problems

With the development of China's Market economy, the phenomena of merchandising has becoming increasingly notable today, and numerous disputes arised. Entanglements and other similar legal issues have became the juridical puzzles in practice due to the lack of the support from theoretical system. To improve the puzzled situation in juridical practice and promote the perfection of China's legal system, the study on merchandising right is imperatively needed in present legal studies. Merchandising right was introduced from The Right of Publicity in US, and is expanding with the development of merchandising economy.The essay brings the concept of the merchandising right by Analyzed some real cases.Then demonstrated the theoretical root and realistic need of the right's production,those proved that the merchandising right is a new intangible property. After the analysis of the composition of the merchandising right and its relationship with the relevant legal rights associated with the lack of protection, described the necessity of establishing an independent merchandising right by introducing the status of the protection of the right in china. Making some viewpionts on the protection of the merchandising right under the situation which without direct legislation in our country. I hope that this essay can bring some benefits for our current research, and create a favorable environment for the development of our market economy, and could inspire the thoughts on how to protect the commercial interests of some personality elements on the current Civil Code legislation.