Avatar Merchandising Right Protection

The activities of merchandising of cartoon character has bought huge potential commercial value and benefit, with the development of cartoon industry. The torts always turn up the merchandising of cartoon character market. In order to preserve the healthy development of merchandising of cartoon character market, our country introduced relevant protective measures. In our judicial practice, it is bring into the current system of intellectual property rights which is by means of copyright, trademark rights, design patent right and anti-unfair competition law. However, the purpose of the protection of merchandising of cartoon character is a new one which is aim to protect the commercial value of the attraction of cartoon image, the traditional intellectual property rights emphasizes the protection of the intellectual work achievement, the present Intellectual property protection act lacks the protection of merchandising right of cartoon character. The object of merchandising right is the value of the attraction of commercialization elements. But merchandising right in our country only exists in the theoretical discussion. Therefore, only improve the legal system of intellectual property right to protect merchandising of cartoon character, can more effectively protect the orderly development of market. This paper is make of four parts:The first part the overview of merchandising of cartoon character including the concept of cartoon、cartoon industry、merchandising of cartoon character, and the necessity of the protection of merchandising of cartoon character with the economic interests.The second part the analysis of protection mode of merchandising of cartoon character domestic and overseas. This part comparative analysis the legislative and judicial status domestic and aboard, points out the lack of our existing law, and provides theoretical support of the perfection of our protection.The third part the perfection of legislation of merchandising right of cartoon. This part combining with the research results of former parts, suggesting improve and consummating the legal system of intellectual property right to protect merchandising right of cartoon character in which the protection merchandising of cartoon character is included. The fourth part the peroration. This part summarizes the former parts, it expounds this article thought though the merchandising right in our country only exists in theoretical discussion, the object of merchandising right is the value of the attraction of commercialization elements and merchandising right of cartoon character is the right which is produced by the value of the attraction of merchandising of cartoon character elements, because the attraction originates from intellectual work achievement, the merchandising right of cartoon character is thought as a new intellectual property right. Therefore we can improve and consummating the legal system of intellectual property right to protect merchandising right of cartoon character.