Research On The Problem Of Merchandising Right

Merchandising right is one of the new concepts with the new developments and changes of the market economy. It is a substantial concept not unreal. Now generally it can get the limited protections of copyright, personality right, trademark .They are all lack of the theory demonstration and can not make their comment sound plausible. The article emphasizes on the theory of merchandising right in order to make it go further, and more systematical. The article is divided into three parts. In the first part, the author mainly makes it clear what is the concept, object, carrier, subject, content, nature of merchandising right and so on . The concept defines the need role of consumers or the characters of role and other image factors or their make-ups as the concept of merchandising right .On the object, the author gives a circle concept whose core is the name, image, voice, signature and other personality factors which can make the identity clear of the real person .Then next space is name, appearance, expression, feeling of the fictitious role and other personality factors which can make the identity clear .And the utmost outer space is the well-know factors ,such as a marking, mark, language for of personality, topic, terminology style .The subject of merchandising right is composed of two parts: one is the simple object and the other is the compound subject.Besides that the pictures of actors is used on the commdity is one of merchandising right . It is essential to define the credit as merchandising right. Because it is the credit by which name, image, mark and so on can make the public recognize easily, and promote the consuming need of the consumer. It is attached to the name, portrait, passage, mark usually. Merchandising right consists of optimistic rights and pessimistic rights .The optimistic rights is composed of two parts: one is the exclusive right of the owners of the credit putting the credit onto the commodity and the other is the permitting others use their credit .And the pessimistic right is the right of prohibition, which is that without the permission, anyone except the owners of merchandising right can not use it . It is not only the right of the property but also the intellectual property .The first part sets up the basic frame theory of the center of merchandising right.The second part is mainly the comment of the present law on merchandising right. It is the common manner that the fictitious role is protected by copyrights in many countries. According to the general principles of copyright of every country, the object of author must be original .In addition, some countries also demand that the work must be the fixed form, and it can not disobey the public interests, etc. So when the work meets the demands above all, it is called the object of copyright. The object of the copyright has the strong exclusion of the personality. The personality law directs to merchandising right of the real person. By its protecting merchandising right its emphasis is on the spiritual protections. On the contrary merchandising right is the property right. It can not be delivered, abandoned, inherited .But merchandising right must be realized only by conveyance and permission using .In addition the traditional personality law protects mainly the name, portrait of the real person .The base of the indemnity of the personality is the spiritual damage of the tort behavior, which means spiritual suffering .However there is no spiritual pain when the tort behavior occurred . If the mark and character are attached to the commodity ,those can be ruled by the law of the trademark right .Of course that can be applied only if the owner of merchandising right definitely endow it the registration mark .And the register must hand on the application of the trade-mark to the relative government according to the sort list. That is the optimistic manner of the relief of law that the owner performs his right. Merchandising right is the nearest way of the lawful relief which owner can get .In trademark law it will be cance...