Research On Merchandising Right

With economic development, merchandising phenomena emerge in large numbers in our society. So it is necessary to conduct corresponding research on merchandising right, which is a kind of commercial promotion right which can be utilized after the second exploit of some particular factors which are attractive to the public. The merchandising right includes the right of fictional characters and right of publicity. The article consists of two parts. The first part focuses on the theory of merchandising and merchandising right. It is composed of the origin of merchandising and merchandising right, the concept of merchandising right, the essence of merchandising right and the relationship between merchandising right and relevant rights. The second part deals with the problem in the process of applying merchandising right. In this part, the author discusses four protected objects, i.e. graphic character, literary character, real person and title of the works, and how to construct the protecting system of merchandising right. Moreover, some other typical cases about the merchandising right are introduced and analyzed, which demonstrates the importance of protecting the merchandising right.