The Discussion On Merchandising Right

Merchandising right is produced in modern market economy life.As a new type right,it was researched in Anglo-American at first, established and developed in practice.It hasn't formed a unified claim all over the world. In China, although this problem has been researched, in the judicial practice similar cases also often be encountered.The right was not included in the law to protect. In the current judicial practice, it was protected mainly by the copyright law, personality right method, the trademark law and the anti-unfair competition law. However, the market economy is developed increasingly today,the commercialization phenomenon will be common more and more, all sorts of relevant disputes will increase certainly.It can not provide effective protection for this new right by the traditional civil rights system. So someone proposed that we should put "merchandising right" into the legal protection system in our country to protect the right better. But the commercialization phenomeno don not have a long history, the study of merchandising right is still not mature whether in theory or in practice. Therefore, the basic theory of this right, the protection of the system, and the mode of constructing in future, they are all discussed necessarily and systematically.This article starts from the basic theory of merchandising rights,by studying the law of America and Japan in this area, basing on the domestic existing research,it discusses the basic theory of merchandising right systemly, the legal protection mode and how to establish the legal protection system in China.Under the situation that we don't have the direct legislation in our country,it puts forward related suggestions, such as the definition of the merchandising right,the properties,the types and so on.It both rasps the whole economic development trend, and also considers fully the realities of our country at present.The objective and relevant suggestions are proposed to clarify further the right of merchandising and understand it better.It also provides its own views that how to protect the rights in judicial practice and to create the good development environment for the development of the market economy.