Research On Protection Of Commercialization Right In Animation Industry Chain

China has an extensive potential animation consumer market,abundant cultural resources,profound historical accumulation and great support of national policies.Our animation industry is still difficult to become bigger and stronger and rapidly become an independent pillar industry,one of the reasons is that there still exists many obstacles in its development,particularly the existing intellectual property mechanisms are inadequate to protect merchandising rights. The central problem is not resolved,so that any support is drop in the bucket.So the author advocates that merchandising rights of the animation industry chains should be included in intellectual property rights systems as an independent intellectual property rights, in order to more perfectly ensure the healthy development of animation industry,maintain the interests of rights holders,encourage intellectual efforts and industrial innovations.In the world,Animation industry has already been a pillar industriy in the United States,Japan and the EU.These countries are constantly improving merchandising rights systems of the animation industry chains.Particularly Japan,to meet the economic and social development and advances in information technology and expand rights,under the founding strategy of intellectual property rights,it examines and amends Copyright Law and other laws as the part of series of laws of implementing Intellectual Property Strategies in Japanese, revitalizing the Japanese economy and improving the international competitiveness of Japanese industry.Since2003Japan has frequently modified Copyright Law,and so far it has modified thirteen times during the last seven years.This article summarizes and cardes the United States, Japan and other countries experiences,in order to provide referencial values and references for protecting merchandising rights systems due to Chinese animation industry chains.The whole paper is divided into five parts:The first part is the introduction of the basic concept of animation, animation industr and animation industry chains and the basic structure of the animation industrv. to lav the foundation for the next proposed problem. The second part is the analysis of the importance of protecting intellectual property rights in animation industry chains and its existing problems.Now Chinese animation industry is facing rampant piracy problem,which has seriously affected sustainable development of animation businesses and animation industry.lt proves that intellectual property protective systems play a vital role in the development of Chinese animation industry.Through analyzing the existing systems of intellectual property laws,it is found that they can not provide adequate protection to merchandising rights due to animation industry chains.In the third part,I mainly analyze social foundations and theoretical bases of merchandising rights of animation industry chains.The arrival of Image Economy Era has provided broad social foundations to the appearance of merchandising rights of animation industry chains.For a new right theoretical justification is the premise of its existence and development.The establishing of merchandising rights of animation industry chains is determined by freedom, justice,order of law of values and norms.That is an urgent need for enhancing the transparency of laws,guiding market entities to predict and evaluate their behaviours,regulating behaviors of market entities.At the same time,the creators of the cartoon image or logo creates them through their own intellectual efforts,so they should surely obtain property because they create images or logos.And the property based on labor can be traced to a person’s natural right to enjoy their bodies.Locke’s labour theory provides a fundamental theoretical basis for merchandising rights of animation industry chains.The fourth part is the comparative researches and reflections on merchandising rights of animation industry chains.By analyzing and comparing specific measures of protection modes,protection objects,the term of protection,defining infringement standards and compensation standards of United States, Japan, Germany and other countries,we can confirm their rational sides and point out some deficiencies,to provide references and references for constructions of merchandising rights systems of animation industry chains.The fifth part is about constructions of merchandising rights system of animation industry chains.This part is discussed from the basic principle of system construction, specific system contents and legislative plans. The basic principle of system construction is the principle of balance of interests,which is embodied in the following contents:Laws confer rights to right holders and protect their legitimate interests.at the same time,set limits on their rights.Specific system contents are included subject,object,infringement-types,requirements of infringement liability,the term of protection and limitation of rights.Legislative plans are divided into two steps:At present we set merchandising rights by modifying Copyright Law.Anti-Unfair Competition Law and Tort Liability Act and promulgating relevant judicial interpretations; when conditions are ripe, merchandising rights are included in the Civil Code and separately formulate Commercial Rights Protection Laws.