Right Of Commercialization

Commodification right is a new rights that appeared in Modern society and economy, is the other appeal will have the public non-commercial rights field protection objects second development pace for commercial field in the field, thus creating a mass requirements to achieve the rights of commercial promotion purposes. Commercialization movement produced is officially in the 1930s American Disney cartoon character of its license activity, then widely throughout the world, many countries have reference to the legislation and the case shall be acknowledged and protected. In China on the research is still in the commercial rights theory discussion stage, along with the rapid development of market economy, the right infringement activities against commercialization increasingly overflow, the interests of the commercial rights holder not perfect protection. Commodification right is a current China improve socialist market economic structure of the establishment of urgently needed in right, it can promote China commodity production and circulation, stimulate consumption, pull the social demand, and to cultivate the market main body tangible assets and intangible assets both the consciousness. How to theoretically and the notion of introducing commercialization right in the legislative and judicial practice of its due protection, is that we now need to solve the problem. Based on the right of domestic and foreign commercial theory as guidance, related comparison studies, theoretical analysis method to the right of commercialization concept, properties, characteristics, the legal basis for the legislation practice of foreign and carried on the thorough discussion of our country, and protection of the right of commercialization system present situation detailed analysis, proposed the future can separate legal system established conception. Right to commercialization .The first chapter, namely, mainly introduced the domestic and foreign commercial introduction to the research status and rights, this paper the purpose of the research, the significance and the research methods, etc. The second chapter for commercialization of commercialization, the right of the right of summary definition of the concept, nature; With other related to commercialization right comparison, puts forward right of the commercialization of setting up an independent judge right. Preliminary From the Angle of law philosophy expounded the produce and the existing commercial right into the legitimacy of its further demonstrates the necessity and commercialization protected the possibility of individually set up right. The third chapter related issues for the commercialization of the right, discusses the legal relationship between commercial right, the right to legal relations involving the commercialization of the subject, object, right content. Secondly, the legal principles of commercial rights, infringement issues were to be described.The fourth chapter describes the two legal representatives of countries in the commercialization of the right protected mode, and its summary of the assessment.Chapter fifth chapter discusses the status of the protection of commercial rights, pointed out the personality of the intellectual property system and the right system to provide legal protection for the commercialization of the limitations of the right and the corresponding improvement suggestions...