Study On Virtual Character Commoditization Protection

It is a rather common phenomenon in global business that virtual character is commercialized, however, right of virtual character commoditization have not been definitely admitted by law. After virtual character commoditization appearing in developed country, it also began to develop in China those years in fast speed but with some problems. For profit, existing virtual character is utilized as tool by illegal merchant. This behavior not only damages the market order, but causes profit imbalance between author and merchant. Therefore, as the purpose of effective market order and reward & profit to author, the profited behavior utilizing virtual character without authorization should be banned by law. According to related foreign theory and judicature precedent, as well as referring to domestic research conclusion and legal provisions, virtual character commoditization legal protection will be researched in this thesis by method of literature analysis, comparison and induction. On the basis of this, thesis will conclude legal protection route suitable to China virtual character commoditization. Thesis is composed of 4 sections.At first, the thesis will analyze the connotation of virtual character and commoditization, introduce various phenomenon of virtual character commoditization in society and argue the legitimacy of virtual character protection by law in aspect of jurisprudence and economics.Secondly, considering closely relationship between virtual character and traditional intellectual property, the thesis will mainly analyze traditional copyright law, trademark law and anti-fair competition law, and also analyze the limitation on protecting the virtual character by copyright law, trademark law and anti-fair competition for supporting to establish the virtual character commoditization protection legal system.Thirdly, the thesis will introduce legal protection practice of virtual character commoditization in the world to analyze and refer for virtual character commoditization protection, including international organization, Unite State, Germany, Japan and China.At last, according to the former, the thesis presents the suitable process to protect the virtual character, which is to affirm the virtual character by law, point out specific advice including the subject and object of virtual character commoditization right, efficacity and limitation of virtual character commoditization right, as well as infringement action and related legal liability.