Study On The Protection And Industry Effect Of Merchandising Right Of Cartoon Character

Merchandising Right derives from U.S and U.K, and we import its concept from Japan in 1980s. There is no clear legislation stating about merchandising right home and abroad, but in academic theories and law cases there are always related studies. Character is always stressed in merchandising right. While cartoon character which has lively figure is easily copied by others, so its merchandising right is much important.Cartoon character is specific both in its merchandising and economic characteristic. Merchandising of cartoon character would be good for the authors, publishing companies,related cartoon agencies and also the merchants.Taking academic and justice experience abroad in reference, and analyzing our existing legal system of Intellectual Property Law, we could get the conclusion: Merchandising right of cartoon character could be well protected under the legal system. The people owning merchandising right should exert and claim their right according to the Intellectual Property Law.Merchandising right of cartoon character is significant for the development of our cartoon industry, industry chain and the whole market. Using Japanese experience of legislation, law cases and industry model in reference, while considering the situation of our cartoon industry, in this paper I just want to get and substantiate the revelation: Authors, companies, publishing agencies and related units should play their own roles well and cooperate with others, pay enough attention both on the intellectual property right's protection and merchandising exploitation, then make advantage of the brand license and derived products'exploitation. It will be a real useful and efficient way to support our cartoon industry.