| With fast the growth of the Market economic ,fictional characters be commercialized.In the free competition market ,Enterprise often associate fictoral characters'fame with goods,in order to consumer empathy fictional role of the favoriteto commodities.By means of way, Enterprise expand its goods or servicesaffectedwhich could bring direct economic benefits.Without permission commercialized fictional characters,merchant damaged the potential role of property right interests. For the protection of such property, and scholars have put forward for the protection of "commercialization", "image", "public image", "the role of fictional" idea. The general trend is the creation of a new system of rights to protection of owner fictional role of the new commercial interests. Based on the above mode of commercial operation of, the various laws and regulations to protect the pros and cons of foreign experience from the research and analysis, The author believes that to expand and improve the "Copyright Law" and the "Anti-Unfair Competition Law" to protect this new property interests. The article consists of five parts:Part I: The role of the fictional definition and the commercial use of the form Concept of fiction, type, features. How fictional role in the use of commercial, which will bring direct benefit to businesses and why to protect the role of commercial interests.Part II: the use of commercial fiction role of the legal relationship. The author consider that no matter dating back to the protection of privacy from the perspective of the development of the image from the right or from the World Intellectual Property Organization in the definition of the right to the commercialization of understanding. Using fictitious role of commodity marketing can not be viewed as "the right to commercialize" and "image rights". This article holds that the role of a popular product packaging or trademarks focuses on the role of such great appeal. Only when we have a certain famous fictional role commercial use, the object should be to protect the role of fiction there is a certain visibility of the role of reputation. Related to the role of fiction is also the main complexity of the fictional role of different types, the commercial property is the proceeds of the same subject. Who will judge the whole role of the fictional "fame" or "reputation" who made a major contribution to be eligible to share, disposal of such work outcomes.Part III: commercial use of fictional role of legal protection mode inspection. Through signed by the experience of foreign countries, fictional characters be commercialized and the "Copyright Law" "Trademark Law", "design" related to the protection of these three compare the pros and cons of the system. Concluded, the fictional role of creative labor rights through commercial reputation, the reputation of the image through the commercial use can bring property interests. This protected property interests are different from the object of property rights in housing, land and so on-is a kind of intangible property rights. Such intangible property and intellectual property rights as they seem a bit different.Part IV: commercial use of fictional role Perfection of the law. When the role of the rights of people with merchandise trade, has been applied to trademark the main qualifications, can be relatively smooth for registration of the trademark and design applications. The role of human rights in the role has not yet applied to the industrial sector, through the expansion of China's copyright law and the Anti-Unfair Competition Law of the fictional role of providing legal protection. Private and public interests in our society always opposed, the right of certain interests in the pursuit of the implementation of certain acts would inevitably affect the interests of others or the possibility of the whole community, promotion of the role or roles should be protected Enough is enough to avoid the public domain less and less knowledge of the social restrictions on the development of space.
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