Merchandising Right And Its Legal Protection

With the rapid development of social economy, more and more things can be merchandised, Modern society will become an infinite commercial society. Cartoon characters, celebrity image, and also in the commodity economy has increasingly shown its tremendous economic value. There must be disputes of interest, along with the continual emergence of disputes, the right to commercialize this new right is abstracted into a law not recognized "the right should be taken." In this paper, and the legal protection of merchandising rights were discussed.In addition to full text of the foreword and epilogue, is divided into three parts:The first part of the cartoon image of the pirated products account for most of the market, the court by copyright law appeared to be inadequate to protect the Merchandising, the Supreme Court to protect the famous image of the Merchandising, have introduced a controversial judicial interpretation, the portrait rights can be inherited as a personality right……what is the reason for the confusion caused commodity markets, to the right to bring the rights of the plight of the law applicable to the court’s problem? All this confusion is derived from the Merchandising Right laws of the lag, the right part of the definition of commercialization, based on the results from the protection of labor, stimulate innovation and protect consumer rights, such as different angles reveals the significance of the establishment of commercial rights lies;The second part, the right of ownership of Merchandising Right, theorists there is a big controversy, whether the right to commercialize a new type of personality rights or intellectual property rights is the right commercial real people the right to separate from the commercialization of virtual characters qualitatively, or the creation of intellectual property rights over intangible property of a system, scholars disagree, lively debate Yun. The author believes that right can not be inclusive and merchandising rights of personality, there is no need for the creation of intangible property rights to re-classification of Civil Rights, a right at the two properties will inevitably cause confusion in application of the law. Therefore, this article from the scope of intellectual property rights inherent in the commercialization of the creative work and the commercialization of intellectual property right has three aspects of the common property, demonstrated a new type of commercialization of intellectual property rights, intellectual property, one should be the right kind of independent types.The third part, the protection of commercial rights is the key to solving practical problems. Comparative study in the United States, Japan, Germany and other foreign-related legal system, the paper reference research scholars of domestic law, from various angles, round, wide field of commercial power and the traditional distinction between civil law personality rights, intellectual property The copyright, patent, trademark, unfair competition, the different rights, revealing the commercialization of these laws in protecting the right of existence of blind spots or defects, and ultimately concluded that:the merchandising rights should be protected by separate legislation, not only is independent of the nature of commercial property right decision, but also conducive to promoting social wealth and spiritual growth of material wealth, but also the need for standardization of market behavior.