Research On The Protection Of Commercialized Rights And Interests Of Work Titles And Character Names

Currently,there is no clear definition of the protection of the commercialization rights and interests of works and character names in legal theory and practice.Therefore,in the process of commercializing second category names,it is easy to engage in malicious preemption,free riding,and other improper behaviors,leading to related disputes and wasting judicial and administrative resources.This article analyzes the current protection situation,analyzes four protection theories in depth,explores the relevant legal systems that need to be improved in current protection theories,and points out that neither copyright law,trademark law,nor anti unfair competition law can independently implement the protection of the commercialization rights and interests of work names and character names.This article discusses the characterization of the merchandising rights and interests of the aforementioned two types of names as commercial symbolic rights and interests,which are a kind of epigenetic legal interests rather than prior rights and interests.While constructing its protection framework,it is necessary to limit its protection to a reasonable range that is compatible with economic development.Based on the principle of fairness,this article creatively introduces the right of first refusal and grants the right of first refusal to the copyright owner of the work,which can effectively prevent trademark preemption and also avoid wasting public resources.The first part:firstly,it introduces the main issues of the article as an introduction to the overall framework of the paper.This paper analyzes the background and reasons for the protection of the commercialization rights and interests of the aforementioned two types of names.Secondly,an overview of the current research and judicial practice at home and abroad is provided,paving the way for the analysis of the current situation at home and abroad in the third and fourth chapters of the article.The second part analyzes the concept,substantive characteristics,and relevant protection legitimacy theories of work names and character names,laying a general theoretical foundation for discussing the protection of commercialization rights and interests of the aforementioned two types of names.Firstly,it explains the constituent elements and characteristics.Network literary works are written works with unique carriers and modes.The name of the work is used to distinguish and identify the work,with the characteristics of being short,concise,and highly summarized;Fictional character names also have a certain distinguishing effect and play a positive role in business promotion.Secondly,the analysis of the legitimacy of the protection of merchandising rights and interests of the above two types of names is mainly divided into four categories:preventing confusion,encouraging creativity,labor value,and avoiding opportunity encroachment.There are corresponding theoretical doubts about these four theories in the academic community,and the necessity of protecting the rights and interests of all parties is expounded from both positive and negative aspects.The third part introduces the protection and existing problems of the commercialization rights and interests of work names and character names in China.Summarize the judicial practice of protecting such rights and interests,from recognizing non protection to recognizing and protecting commercialized rights and interests,analyze the problems existing in current laws,regulations,and policies and regulations of judicial interpretation,analyze the loopholes in the protection methods of copyright law.anti unfair competition law.and trademark law.and clarify the current duration and popularity standards for the protection of such commercialized rights and interests.The current law should start with these issues to improve the protection system of commercialized rights and interests of the aforementioned two types of names.The fourth part:Introduce the protection methods and standards for the aforementioned two types of names outside China.The protection methods in different countries are discussed separately,and the extraterritorial protection methods are investigated from the perspectives of copyright protection mode,prevention of unfair competition,and trademark law protection mode,in order to draw useful exploration for the nature and protection path of legal interests.The fifth part:Discussion on the path to protect the commercialization rights and interests of the aforementioned two types of names.This section mainly includes the construction principles and framework of the protection system.The commercialization rights and interests of the aforementioned two types of names are characterized as a kind of epigenetic legal interest that obtains protection value due to commercial use.In current judicial practice,based on the principle of fairness,its protection should take into account the balance of legal interests and not rashly establish new laws:Treat it as a commercial trademark,and the protection shall not exceed that of an unregistered well-known trademark.Protection of merchandising rights and interests in the aforementioned two types of names The right of first refusal to use creativity shall be granted to the copyright owner for the commercial use of the name of the work or the name of the character in the work within a certain period of time from the date of completion of the work.During this period,even if any third party commercializes the name of the work or the character name,the copyright owner still enjoys a commercialized interest in it in accordance with this principle.