Research On The Legal Protection Of Merchandising Right In Fictional Characters

Fictional characters merchandising is one of the most important activities in the modern commodity economy,With the development of China's Market economy,the phenomena of fictional characters merchandising has becoming increasingly notable today,and merchandising right in fictional characters was caused popular attention of international society. Foreign countries began to study the merchandising right as early as the very beginning of 20 century and already legally and judicially formed a legal protection system for protecting it primarily. Theoretical research of merchandising right in fictional characters is still at an early stage in China,scholars in China up to now haven't yet reached an agreement on its definition,legal relationship and its legal status. Due to the short comings of the present legislation in our country,the judicial fulfillment has lost fair or unity in the judgment of cases relates to merchandising right in fictional characters in our country. Therefore,it should be an emergent task of today to accelerate the theoretical research on merchandising right in fictional characters.This article uses the method of comparative analysis and case analysis,starting from the basic theory of merchandising right in fictional characters,discusses merchandising right in fictional characters on its many aspects,such as its definition,legal relationship,comparison with other rights,etc. This article analyses the defects of the protection mode,based on the legislative and jurisdictional experience of other countries for reference and China's present situation,we should improve the intellectual property law system to provide effective and comprehensive protection for the merchandising right in fictional characters. And puts forward suggestions to perfect the intellectual property law protection of the merchandising right in fictional characters.