Research On Merchandsing Right

Merchandising right refers to the right generated by a second exploitation and utilization of the overall image, mark and some other things with customer attractiveness. The overall image refers to the true character image and complete fanciful roles; and the second exploitation and utilization refers to moving the relevant things from its original activity and behavior field to the new field and recycling them. The object of the Merchandising right is the customer attractiveness, which is utilized to attract customers' attention to achieve promotion purposes by the seller. Merchandising right is a kind of intangible property and carrying the property interests. Therefore, it is necessary to protect the Merchandising right. At present, the protection of Merchandising right also do not have mature legislative model in the foreign countries, who just can provide limited protection in the judicial practice by the law of personality, intellectual property, the anti-unfair competition and some else areas. It is notable that the United States was using single Public right system to protest Merchandising right of the true figure. In China, the research of the Merchandising right has just started. It is not clarify the concept of the Merchandising right. We just take discrete protection mode to cope with the endlessly problems of Merchandising right. In order to conform to the international development trend and the domestic practical needs, we could draw lessons from some relevant countries, who separately protect the true figure and the fanciful character, and absorb the reasonable factors of the public rights. When time ripe,we can consider whether to establish an independent Merchandising Right System.