Study On The Legal Protection Of Fictional Characters

Fictional Characters is a kind of artistic image with distinct individual character,and the successful fictional character contains great commercial value.it brings many economic benefits to the main body.The research on fictional characters started late in our country and its protection is still being explored.This paper discusses the legal protection mode suitable for our country by drawing lessons from the practices of countries with more perfect virtual role protection and their valuable experience in role protection.For the moment,It's non-essential and non-essential to establish a new right to protect the fictional characters,the comprehensive protection of fictional characters by Anti-unfair Competition Law,Trademark Law and copyright Law is in line with the specific situation of our country.Otherwise,Intellectual Property Law and Anti-unfair Competition Law should be independent and parallel in the applicable relationship,both of them have their own litigation claims.And on the basis of the improvement of the relevant laws of thinking.While maximizing the interests of the subject of rights,it can meet the needs of the public for freedom of expression and balance the private interests and the public interests.