Study On Protection Of The Fictional Character Merchandizing Rights

In recent years, with the development of the commodity economy, productivityelements constantly enrichment also produces forms of production relations,flourishing cultural industry brings up a batch of famous role image, through themodern commodity marketing mode, the role of the image or name sign brings veryfruitful promotion effects after the commercial use. Meanwhile, the infringement ofthe rights are more and more frequently, the improper use of well-known role imagedisrupting the integrity of fair trade order. Therefore, people have gradually paidattention to protect the rights more effectively. The merchandising right is broad, thisarticle points at the protection of the fictional character merchandising rights.Merchandising right enters our country only20years, has not yet formed aperfect legal support, many disputes also arised in judicial practicing. Owing tothe merchandising right has not been developed maturely, seeking the protection ofmerchandising right in the existing legal system becomes the focus of the study. Thispaper will put forward some opinions and suggestions on the protection of thefictional character merchandising right laying copyright law.This article is divided into three chapters, the first chapter introduces the basictheory of merchandising right, the historical origins of introduces the right form, fromthe initial invasion of personal privacy, to protect the public property right evolution represents the attributes of personality in nature, and in the business competition tocreate the merchandising right of independent. Based on the nature of the right role ofcommodity exposition, elements related to clarify its rights constitute, comprehensiveanalysis of the subject object and content of right.The second chapter mainly studies USA, Japan, Germany and other moreadvanced state of the merchandising right of character how to protect, combined witha typical case happened in the judicial practice, one by one analysis between differentcountries, character merchandising right law applicable rules, provide a reference forimproving the protection of right of character goods to our country.The third chapter expounds the fictional character merchandising right ofcopyright law, trademark law, anti unfair competition law in the protection of existingadvantages and disadvantages, through case analysis of detailed lists of presentjudicial practice several controversial common, then put forward the system ofcopyright protection is still preferred, but need to make improvements to me existingcopyright protection system.The innovation of this paper lies in the proposal that attach importance to theprotection of individual character in the work status of image, the protection object asto be studied at the same time; while thinning protection standards, excluding the rolestructure sharing resources belong to public areas to strengthen the substantial contrast;and in the copyright Gen set against the right, without the permission of the copyrightowner name and virtual characters shape, sound and other form shall not be used forcommercial purposes; on the other hand, also need to perfect the fictional charactermerchandising right infringement determination standard, continue to increase the tortcosts and intensity of the punitive damages, make a comprehensive and powerfulprotection of merchandising character right.