Study On The Protection Of Merchandising Rights Of Work Elements

With the development of market economy,a wide variety of commercial management modes have been emerging in endlessly,and the merchandising rights have hatched out of their cocoons.Under the trend of commercialization,businessmen often use elements of works which have huge social influence,reputation and attraction,such as the images of fictional characters,the images of movie roles,the names of character and names of works,to promote their products in many different forms.This has result in the conflicts of interests of different parties in society.The purpose of studying the legal protection mode of merchandising rights of the work elements is to reasonably solve the problem of profit distribution under the trend of commercialization,that is,to safeguard the intellectual achievements enjoyed by the merchandising rights holders while avoiding the neglect of public interests due to the protection of merchandising rights.In this way,we are more likely to promote social,cultural and economic development.This article attempts to use the juridical logic and the existing law to prove the merchandising rights of the elements of works,providing the legal basis for the protection of the commercialization of the work elements by “the theory of labor " and "the theory of economics of law".And the article is proposing to establish merchandising rights of the elements of works in the“Copyright Law” and strictly limit it in the commercial domain and not to conflict with copyrights,and to cross-protect the merchandising rights of the elements of works under the “Trademark Law”.The legal subjects of the “Competition Law”expands its interpretation to include managers of intellectual achievements in the fields of literature and arts,science and technology into the scope of business entities,and proposing ideas and vision on the merchandising rights.By taking above steps,the new rights and interests emerging under the trend of commercialization can be protected by the existing legal systems,and thus the object of merchandising protected by the legal systems can be legalized.