Research On Merchandising Right

Merchandising right is a new kind of right, which appeared in modern society lately in developed countries, many experts focus on its research and some countries already have law to protect it. With the development of Chinese socialist market economy, the phenomena of merchandising are becoming increasingly notable in world today, from which numerous disputes arise. In China, merchandising right is still a new concept, and the research of its legal practice and theory is very simple. Entanglements and/or other similar legal issues, consequently are the juridical puzzles in practice due to the lack of the support from theoretical system. To improve the puzzled situation in juridical practice and promote the perfection of Chinese legal system, study on merchandising rights is imperatively needed in the area of intellectual property.Merchandising right is the right of some people to control the commercial use or exploitation of certain objects characterized by public attraction, which can be transferred to marketing promotion. Merchandising right is a kind of new intellectual property right of invisible property right, which possesses common characteristics of intellectual property right.In the basis of foreign countries research conclusions, research its basic theory, analyze practical cases to solve the problem of short of theory and establish the institution of merchandising right in order to protect rights practically and then encourage the exploitation of intellectual property right, promote economy's development.After serious research of foreign countries theory, the thesis discussed merchandising right's basic theory problem introduced its origination and development, concept and characteristics, compared merchandising right against the rights of personality, trademark, copyright and other related rights, with emphasis on the differences between merchandising right and the other rights. Then further researched merchandising right's essential factor, analyzed the difference between object and target.In the end, analyzed the value and legal basis for the establishment of the legal system on merchandising right. Then suggested further protection of merchandising right for united protected pattern and legal cost saving.