Study On Problems Related To Character Merchandising Right

As the fast development of China's socialist market economy,the phenomena of character merchandising has been increasingly emerging. However, due to the blankness of existing law and the lack of theoretical support, judicial departments ofen feel helpless when dealing with this kind of problems. In order to change the difficult practical situation related to character merchandising right, advance the legel development of China, the study of merchandising right is an urgent mission in the field of Intellectual Property Research. Whereas,a great many of problems are involved in merchandising right, and they are complex. This essay discusses one of these aspects- character merchandising right. The problem of character merchandising right was firstly brought forward in ajudical precedent in America, and then successively got protected by mang US States'Common Law,and written laws in some states.After that German and Japan also started to research and use for reference; theoretically, experts in America, German and Japan stay in the forefront of the world.Therefore on the reference of research results of domestic experts,and with references to foreign experts'judicial precedents on character merchandising right,I think that the so-called character merchandising right is the right to character or character element,and implant its inner public appeal and attraction to the market on commodity(or service) to promote sale.It's a new type yight in the intellectual property system.The essay is divided in 3 sections:The first section discusses related theory of character merchandising right,through layer by layer analysis of history character merchandising right,concept of merchandising and the meaning of the character merchandising right.The essay identifies the property of the character merchandising right, clarifies its concept, states the distintions of character merchandising right; in the second section the essay discusses the protection model for character merchandising right, and analyses the defects of the protection mode,which provides necessary preparation for reference to foreign proection mode of character merchandising right;the third section states suggestions on legislation and reforms on character merchandising right in China,points out the existing problems in protection of character merchandising right ,and raises practical protection strategies for protecting character merchandising right at this stage in China.Through emendation and perfection of existing laws, hopely we can give it multiple cross protection. At the end of the essay, the author urges two appeals for current character merchandising right protection: one is the early emendation of Anti-Unfair Competition Law, tohave the right holder get the lowest protection on the level of unfair competition; secondly the essay urges right holder to enhance self- protection consciousness ,make full use existing laws to protect themselves actively.On the basis of domestic and foreign authoritative theoretical research on character merchandising right, and from Sociology ,Nomology and Economy aspects, and by applying analyzing methods of connecting theory to practice and comparative analysis, the essay discusses problems related to character merchandising right, and tries to bring about beneficial suggestions to the foundation and perfection of regulations related to character merchandising right in China.