Intellectual Property Protection Of China's Animation Industry Research

Animation is a combined conception of cartoon and menga.Once animation characters become famous and charming,consequently they're used in commodities and services by shrewd businessmen.Thus,an animation market is completely composed of the original copyright market and the new merchandising one.Now, aiming at establishing and perfecting industrial chain,animation industry is developing rapidly towards the goal of"industrialization"and"globalization". Animation industry has been recognized by the international community as"the core of the 21st century knowledge economy industries"and"the most promising sunrise industry in 21st century". However, with the economy heating up animation, piracy, squatting, imitation and other derivatives are also large numbers of violations.Since Animation Character's merchandising right is a"secondary exploitation"rights,based on the commercialization of the animation works,the existing laws don't have any clear and definite rule to punish such behaviors which are obviously not conducive to the healthy development of animation industry.Therefore, this article from the animation industry in China is now the status quo of intellectual property protection, its in-depth analysis and evaluation, and then introduced on the basis of the current state of intellectual property protection the main mode of animation and make a reference for analysis, the final cartoon character merchandising proposal of building a comprehensive knowledge of the right to the protection system.Text is divided into three parts:First part is the animation industry in China described the status of intellectual property protection and comment. Among them, the first of China's animation industry to summarize the performance of intellectual property infringement on China's animation industry, the status of intellectual property protection laws are introduced. Next, on the status of a comprehensive in-depth analysis, summarized the legislative, law enforcement management system, efforts to protect the weak reasons.The second part of the major animation mode of intellectual property protection of national animation industry are described and reference. Section I, on the Legal Protection of Intellectual Property of the U.S experience in animation and virtual characters trademark and unfair competition law protection for the more comprehensive introduction and a brief assessment was carried out. Japan's protected mode II a detailed description and assessment, to intellectual property protection in China animation industry has reference system.The third part is the most constructive of the Animation Industry and the Construction of intellectual property protection system.In the above analysis and based on the reference, the first cartoon character merchandising rights to introduce the theory further proposes to construct animation character merchandising rights protection as the core, from industry associations, animation companies, work complements other aspects of the comprehensive knowledge of animation industry property rights protection system.