On The Protection Of Anti-unfair Competition Law To Commercialization Right Of Virtual Image

Avatar merchandising right with the development of market economy arising from the success of not only the visibility of the virtual image of a higher level creators and their works,but also because after the virtual image of the secondary bring huge economic benefits for commercial use.At present,the virtual image of the merchandising right increasing legal disputes,in particular judicial practice often have many disputed areas.Current legal models mainly a "People's Republic of China works Law," "People's Republic of China Trademark Law" and "People's Republic of China Against Unfair Competition Law" dispersed protection,but this mode can not meet their own unique avatar property and commercialization rights infringement in the form of diverse needs.Based on the research achievements at home and abroad,a comprehensive discussion of the basic theory avatar commercialization rights,a clear concept of the virtual image of the commercialization rights.At the same time learn from foreign experience in protection,combined with typical cases,analysis of the conservation status of the virtual image of the commercialization rights.In this paper: the existing legal framework to protect the virtual image of the dispersion merchandising right is not conducive to judicial practice of law applies and the unfair competition law has a general,catch-all principle and characteristics,compared to protection against other avatars merchandising right legal flexibility and adaptability.At the same time,the use of and improve the Anti-Unfair Competition Law avatar merchandising rights protection,not only to maintain the stability of the existing legal system,but also provide comprehensive and effective protection for the right to commercialize this new virtual image rights.This paper will be divided into five parts except conclusion.The first chapter mainly introduces the research background,research status at home and abroad and the research methods and ideas;The second chapter focuses on basic theory of virtual image commercialization rights;The third chapter introduces the domestic judicial practice and legal protection: The fourth chapter analyzes the foreign virtual image commercialization rights protection present situation and our country ought to choose;The fifth chapter suggest domestic perfect anti-unfair competition law.