On The Protection Of The Anti-unfair Competition Law Of The Commercialized Rights And Interests Of Virtual Images

With the rapid development of China’s market economy in recent years,it has become a very common situation to use virtual image in commercialization activities.At the beginning of the production of virtual image,it has the function of expression as a part of the work.After that,the well-known virtual image is commercialized because of its vast influence and attraction,which makes some businesses get a lot of economic benefits.However,as for the rights and interests of virtual image commercialization,our law has not yet made clear provisions.There are different opinions on whether and how to protect the rights and interests of virtual image commercialization in judicial practice.Through reading the literature,the author found that most of them adopt the mode of copyright law,trademark law and anti-unfair competition law respectively or comprehensively.There are also a few people will be part of the virtual image commercialization rights and interests into the scope of personality protection.In theory,there are many scholars trying to explore the creation of new rights to protect.The author thinks that it is not suitable to set up a new way to protect rights at present,and it should still be protected within the original legal framework.First of all,with regard to the protection path of personality rights,it is possible to protect the commercial rights and interests of some virtual images that is the commercial rights and interests arising from the unauthorized use of the performers in the audition image.Performers can prohibit the use of others by claiming infringement of personality rights.Secondly,the scope of copyright law protection path is limited,which can only protect the interests of the commercialization of virtual images that meet the requirements of originality.Thirdly,trademark protection is the most common case.The rights and interests of virtual image commercialization are usually protected by prior rights or registered trademarks.Finally,for some virtual images which can not constitute works and have not been registered as trademarks,and which can be used at will and improperly damage the interests of others,we can protect the rights and interests indirectly by directly restraining unfair competition behavior through anti-unfair competition law.However,those virtual images that cannot be protected by copyright law and trademark law should belong to the public domain.If we want to regulate the unauthorized use of virtual image in commercial production and operation,we need to have sufficient reasons and basis.This paper discusses the theoretical basis of the anti-unfair competition law to protect the rights and interests of virtual image commercialization.And through reading the literature and judicial decisions,we found the problems in the anti-unfair competition law protection of the rights and interests of virtual image commercialization.The author puts forward his own views and suggestions.In addition to the conclusion and introduction,this paper is divided into three parts.The first part briefly discusses the source,development and performance types of the rights and interests of virtual image commercialization.It also analyzes the protection path of personality right and intellectual property law of the rights and interests of virtual image commercialization.Through the analysis,the author thinks that the merchandising rights and interests of some virtual images in line with the personality right and copyright can be protected by the law.Trademark law can also protect the commercialization rights and interests of some virtual images through registered trademarks and prior rights.The scope of protection of anti-unfair competition law is those commercialized rights and interests which can not be covered by copyright law,trademark law and personality right and have commercial protection value.The second part discusses the legitimacy and theoretical basis of the anti-unfair competition law protection of the rights and interests of virtual image commercialization.Based on the theory of no hitchhiking and the theory of preventing confusion,this paper demonstrates the rationality of the application of the anti-unfair competition law by identifying the rights and interests of the commercialization of virtual image as the rights and interests of commercial symbols,having competitive advantages,and not regulating the commercialization of improper imitation of virtual image,which will damage the order of competition.The third part demonstrates the problems existing in the anti-unfair competition law protection of the rights and interests of virtual image commercialization,and puts forward corresponding suggestions.It mainly includes two parts: the determination of the protected subject and the suggestions of the applicable provisions of the law.Based on the fact that the rights and interests of virtual image commercialization protected by the anti-unfair competition law system are the rights and interests of commercial symbols,the applicable subject should meet the conditions of "operator".But the pure creator is not the qualified subject,at the same time,the article also discusses the conditions of application.