The Study On Legal Protection Of Merchandising Right Of Fiction Character

Merchandising right of fictional right is a new type of property.It originated in the US in 1950s,after decades,merchandising right of fictional right in the world has not formed a complete and unified system.However,many countries have formed a protection mode for the merchandising right of fiction character according to their own legislation model and juridical practice.The study on the right started relatively late in our country.At present,the merchandising right of fiction character is still not a civil right or interest defined by the laws of China.In 2017,the General Principles of Civil Law was promulgated,and the draft of the Unti-unfair Competition Law was amended.But the merchandising right of fiction character has not become a legal right on the occasion of the revision of the law.Though the protection of this right has formed the mode of cross protection by the intellectual property law system,but this kind of protection mode requires the judge must be based on familiar with the various departments law protection mode of the pros and cons on the maximum exploitation of existing legislative resources,to fully protect the legitimate rights.This is a high requirement for the judges to hear such cases which make the judges still appear to be hard on the trial of specific cases.The study on the legal protection of the merchandising right of fictional character is particularly important.There are five parts in this thesis:The first part,introduced the concept of fictional character merchandizing rights concept,and analysis the right attribute and classification of fictional character merchandising rights,and built the theoretical basis for the legal protection mode.The second part,analysis the subjects,objects,content rights of fictional character merchandising rights.Clarify the ownership of fictional character merchandising rights.The third part analyzes the relatively complete legal protection system in the United States,Japan and the United Kingdom,and perfects the legal protection of China’s fictional personality right.The fourth part,according to China’s current law of the general principles of the intellectual property law system,reveals the defects of the current legal protection.The fifth part,put forward suggestions for improvement.Advocate the cross protection mode and build the best mode of legal protection of the merchandising right of fiction character with the coordination and complement of the existing laws.