On The Commercialization Of Protection In Civil Law

Merchandizing right is a kind of right that civil principal to merchandise the personal remarks as name ,portrait ,sound or other figure conforming elements as false figures they created with public influence to fulfill the aim of merchant sales and at the same time to forbid others to merchandise the personal remarks or the figureconforming elements without his authorization.As a new type of civil right, merchandising right 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. It is until 80s of 20 century that the merchandising right was not primarily studied in China. However scholars in China up to now (day) haven't yet reached an agreement on its definition, protective object and its legal status in civil legal system. As the great development of merchandise economy of China, runners gradually acknowledge it as a very good merchandise sales medium to commercially utilize famous characters. As a result, one would often find such kind of commercial behaviors in daily life.'Owners of the right haven't been rewarded relatively while the runners attained great interests or big money from it. But you would see that such kind of cases in the judicial practices often are confronted with big obstacles due to the shortcomings of the present legislation when owners come to the laws for the protection of their rights. Therefore it should be an emergent task of today to set up the legal protection system of merchandising right. This dissertation starting from the basic theory of merchandising right, taking doctrines and cases on it of foreign countries as an example, discusses merchandising right on its many aspects ,such as its definition, protective object, suggestions on legislation system, judicial protection, etc. so as to further confirm the acknowledgement of merchandising right clearly ,and eventually to put forward writer her own views on how to protect owners' interests in the judicial practices .The main body of the dissertation is of 3 parts apart from introduction and conclusion.The first part is the description of the basic theory of merchandising right, such as the origin of merchandising right, its development,history and present status. The writer, through the comparative analysis of the definition of merchandising right domestically, further amplifying the definition of merchandising right and its legal relations as well.The second part expresses the necessity of the legal protection of merchandising right. The writer, through studying of legal protection modes of merchandising right of foreign countries and of many shortcomings of our present legal system ,puts forward her own views on legislation of merchandising right in present civil law system.The third part is the creative one of the writer, which mainly discusses individually the relative issues of the judicial protection system of merchandising right, such as the protective object of merchandising right, limitation, protection period, confirming of infringing behaviors and the carries of civil liabilities of merchandising right, etc.