Study On The Legal Protected Mode In The Merchandising Right Of Animation Characters

With the sustained and rapid development of market economy, animate characters has already extended from art field to economic field by means of commercialization, and its own potential economic value has been fully developed. Meanwhile, various Issues related to the protection of the economic benefits appear universally. Although, a comprehensive mode including Intellectual Property Law is applying in protecting animate characters, there are still some problems existed in China. Therefore, it is essential to develop a set of legal protection mode-Comprehensive protection mode on the basis of our country's specific circumstance.This paper mainly discusses the grim situation and necessity of the protection of the animate characters' merchandising right from the commercialization of the animate characters point of view after discussing the history, the current situation and its developing tendency by means of systematic study and comparative study. On the ground of the philosophy of law, the paper discusses the value foundation, definition, the relationship of rights and legal relation of the animate characters's merchandising right. Then it introduces the legislation and judicial practice in protecting the animate characters' merchandising right in the United States, Japan and Germany, especially in the perspective of the copyright law, trademark law,and anti-unfair competition law. Moreover, the paper shares some foreign successful experiences concerning the commercialization of the animate characters for reference.It is inadvisable for China to emply a separate legislation mode for protecting the animate characters' commercialization after a detailed study on the potential influence of the animate characters and the second commercial development. Making a general survey of successful activities in world anime powers, our country should adopt a comprehensive protection mode involved the copyright law, trademark law,and anti-unfair competition law. Basing on the points mentioned above, the author offers a proposal from the aspects of legislation, judicial, administrative and marketing to build a comprehensive protection mode of the animate characters' commercialization.