Studies On Merchandising Right

Merchandising right is a kind of new-type right appearing in the modern social economic life. It's a frontier domain existing among the personal right,copyright,and the trademark right. In 1950's, the concept of merchandising right originated in U.S.A. Then it was used widely for reference around the world, A lot of countries have admitted it in the laws and the legal precedents, and begun to protect it. The study of merchandising right in China is still in the stage of theory inquiry. With the market economy's full speed developing, the act of tort aimed at merchandising right runs rampant day by day. The right and interests of the right owner are not protected perfectly. How to introduce the concept of merchandising right from the theoretical angle and protect it properly in the practice of legislature and jurisdiction is a pressing problem. Starting with the analysis of merchandising act, this article analyzes the realistic problems existing in merchandising act and the developing process of merchandising right. Through these analyses, the article reveals the nature of merchandising right, which should belong to the intellectual property in a broad sense. Form the angle of the jurisprudence philosophy, this article set forth the view that the existence and emergence of the merchandising right is rational, and proves for further the necessity to protect the right. After analysing the legal relation, comparing the difference between merchandising right and the other rights, the article puts forward some advices aimed at the construction of the pattern of merchandising right's protection, based on using the legislative and jurisdictional experience of other countries for reference. At the present time, we should improve the related legal system to provide effective and comprehensive protection for merchandising right.