Merchandising Movement And Merchandising Right

Merchandising Right , as a new sort of right in modern economic society, of whichthe topic has just touched upon by our jurists, had already been discussed by foreignjudicial experts form 1950s' or even much earlier. By depending on other sholars'research of this topic for reference and tracing back to the source of the right, the essaydraws the conclusion that Merchandising Right is the right which tends to utilize otherattractive non-commercial materials or substances into commercial field by secondaryexploitation, which to a large extent can stimulate the consumers' needs so as to reach theaim of the promotion of the commodities. Moreover, from the definition of MerchandisingRight , the essay displays the nature and character of the right and summarizes theconcrete contents of it . Through analysing the two main parts of Merchandising Right,the essay also reveals the essential premises and conditions of merchandised objects.Furthermore, by comparing Merchandising Right with other relevant rights, we can findthat Merchandising Right is actually an independent right. In the next part of the essay,through the proving process of its protection and connotation, according to itscharacteristics, the essay puts the right into the Intellectual Property field. On one hand ,this essay is an introduction to Merchandising Right, and on the other hand, it looksforward the foundation of unite protection pattern so we can comply the application oflaw with the explanation of law so as to save our judicial cost. Merchandising Right, asfar as the essay is concerned, will unavoidably bring about some complicated problemssuch as the overlapping of many different rights, but it can also provide basis for treatingall kinds of infringing deeds and it tells people how to choose the favorable causes whenthey are involved in the action, which is not against the aim of value of law, so it is notonly possible to apply Merchandising Right into practice but also necessary to put forwardMerchandising Right independently.