Research On Merchandising Rights

Merchandising rights are the result of the market economy. They originated from the protection of the privacy right in the United States and with the development of market economy, they became a kind of independent civil right In our country disputes fiom merchandising rights have become more and more now, but research and law on them are too weak to satisfy wants. In this thesis the author studies issues of merchandising rights, absorbs foreign legislative experience and puts forward proposals about legislation. All this will do good to build the independent legal status of merchandising rights. This thesis is developed in following parts:In the first part, the author studies basic theory of merchandising rights, including origination, definition, kinds and social values. The author holds the idea that the meichandising rights are re-using elements of right which can draw attention of the public and stimulate the consumers to buy the goods in order to enlarge the selling. The carriers of merchandising rights include the main but are not limited to those kinds: name, image, sound, action, clothes and other characteristic of real persons; characters and their characteristic of the persons in the works; titles of works, seals, slogans, cartoons, pictures of film and other things which can draw attention of the public. On the basis of carriers of merchandising, the right may be divided into the merchandising rights of real persons, fictitious characters, performing image and other forms. Merchandising rights have great value of society including causing sources to move to the higher efficiency departments, stimulating the public to create and realizing the value of justice of law.In the second part, the author studies law relationship of meichandising rights and the nature of merchandising rights, including subjects, objects, contents and limits of merchandising rights. The thesis...