A Study On Protection Of Well-Know Image By The By The Merchandising Right

Under the circumstan socialist market-directed ecom, 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 year's intellectual property field. This article starts from the infringement of the image merchandising copyright and unfair competition case,centering on the core issue of "if the well-know image can be applied in the business field irrelevant to the image without the authorization of the author" ,with the guidance of the Social Layout, deliberates that the author shall have the proprietary right in a well-known image and defines this proprietary right as the merchandising right .Premised by the distinction between well-know image shall be legally protected under the merchsndising right theory."This article has 8 parts.The preface paet briefs the image merchandising, claim and the verdict of the court and come up with the solution as the core issues.Part 1 is commenced with the definition and character of well-know image, analyse fundamenfal cause of image merchandising , come the meaning and character of well-know image.Part 2 is commenced with the theory of Social Layout and deliberates the necessity of legal protection for the merchandised use well-know image. 1,The image of a famous work has the merchandising nature which is beyond the copyright domain.2.The legislative intent of special protection to the well-known trademark shall be applied also tothe protection of a well-known.3,It is the condition for the promotion of brand and institutionalization of marker to protect the a well-known image.Part 3 deliberates the current type of law and civi right can not provide sufficient protection for the title of a well-know image the copyright trademark and anti-unfair competition law.Part 4 introduces the definition of merchandising right from the actual needs of merchandising right, economical theory and judicial technique and the necessity of the protection of a well-known image.Part 5 introduces this 3 opinion of merchandizing right's character ,discusses merchandizing right belong to broad sense intellectual property.Part 6 introduces the distinction between the merchandized right and other civil rights as trademaek, copyright and image right.Part7 discusses 3 questions in this protection process;they are the judgment of subject of merchandising rights,the judgment standard of name of well-known image and the judging authority.The final part deliberates that under actual circumstance well-know image of legal protection for the copyright,trademarkand anti-unfair competition law.But that protection is not good, under time's still confirm legal nature of merchandising right ,afford static and dynamic legal protection of well-known image .