Research On The Legal Protection System Of Virtual Characters

As a kind of element in the work,the virtual character is in a vague zone of legal protection.The legitimacy of protection,the attribute of rights,the scope of protection,and the protection boundary of different laws are still issues that need to be discussed.As far as the current legal system is concerned,virtual characters are mainly protected by Copyright Law,Trademark Law and Anti-Unfair Competition Law,but the three laws are applied in different fields,and there are differences in protection standards.In addition,each law has its own limitations,which leads to the chaotic situation of virtual character protection.For the problems of the existing legal protection system,it is necessary to start from the theoretical basis of virtual character protection,comb the protection status of the three laws,and according to the limitations of the existing legal protection,combined with the actual situation of virtual character utilization,through legal analysis,clarify the boundaries of legal protection and think about system construction.When the virtual character reaches the original protection standard of copyright,it should be included in the protection of the copyright law first;the objects that cannot be protected by the copyright law,the objects of commercialization rights should be included and the protection path should be explored.In view of the current situation in which there are various ways and business models of using virtual characters,the protection of commercialization rights should not be limited to "anti-confusion and misrecognition".The "free ride" that simply uses the popularity and commercial value of virtual characters has not caused confusion and misunderstanding by the relevant public,and should be regulated under certain conditions.In the field of trademark registration,it can be protected by "prior rights and interests",and it should not completely deny protection across product categories.In addition,the Anti-Unfair Competition Law can be applied,and a protection system can be constructed through specific clauses and principled clauses.The application of principled clauses should be cautious and should be applied type considerations,grasp the applicable boundaries,avoid excessive extension of the application of the principled provisions of the Anti-Unfair Competition Law.In this way,it is possible to clarify the respective positioning of the three laws and clarify the protection boundary,making the legal protection system of virtual characters more perfect.