Legal Approach: Merchandising Right

The well-known proposition that "the spirit of law is the ownership"states the primary purpose of law is to define the ownership and property right .As the society develops, it makes the new property form surface. It is quite critical of the discussion of the property and its legitimacy and reasonableness. This point is of great significance in recent years' intellectual property field.Merchandising Right ,as a new sort of right in mordern economic society ,of which the topic has just touched upon by our jurists, had already been discussed by foreigh judicial experts from 1950s' or even much earlier. By depending on other sholars' research of this topic for reference and tracing to the source of the right ,the essay draws the conclusion that Merchandising Right is the right which tends to utilize other attractive non-commercial materials or substances into commercial field by second exploitation, which to a large extent can stimulate the consumers' needs so to reach the aim of the promotion of the commodities. Moreover, from the definition of Merchandising Right , the essay displays the nature and character of the right and summarizes the concrete contents of it. Though analysing the two main parts of Merchandising Right, the essay also reveals the essential premises and conditions of merchandising objects. Furthermore, by comparing Merchandising Right with other relevant rights ,we can find that Merchandising Right is an independence right . In the next part of the essay, though the proving process of its protection and connotation, according to its characteristic, the essay is an introduction to Merchandising Right ,and on the other hand , it tooks forward the foundation of unite protection pattern so we can comply the application of law with the explain of law so as to save our judicial cost.M erchandising Right ,as far as the essay is concerned ,will unavoidably result in some completed problems such as the overlapping ofmany different right ,but it can also provide basis for treating all kinds of infringing deeds and it tells people how to choose the favorable causes when they are involved in the action. which is not against the aim of value of law, so it is not only posiible but also necessary to put forward Merchandising Right independently.