Works The Image Of The Commercialization Of The Right To Study

In the actual Intellectual Properties protection, we find it is difficult to protect some new rights by means of the relief approaches from the current Intellectual Property laws and regulations. The purpose of this dissertation is to analyze efficient relief on the right related to the work role image under the case Feng Chuyin et al. Jiangsu Sanmao Group and further figure out weak points of the protections under such regulations. So that we can consider to establish the system of Merchandising Right and improve the Intellectual Properties systems of our country.The research methods of this dissertation are analysis of theories and empirical study. Based on the necessary materials, I try the best to discuss thoroughly the weak points by comparison and legal interpretation and logical analysis and confirm it is necessary to establishment of Merchandising Right will improve our country's Intellectual Property systems. Further,I put forward the proposal of legislative and judicial. There are 5 parts in this dissertation.In part one and part two, it confesses the main points and introduces the case. It is demonstrated the situation of the dispute between the plaintiffs and the defendant. It is introduced the decisions and the basis tries to the case given by two levels of courts.In part three, the author statements four focuses of the case, showing the main disputes and divergent opinions in this case.In part four, the author analyzes in details the case's disputes and divergent opinions, including the following four question. First, whether the plaintiffs have the copyright of "sanmao" cartoon image. Next, whether the defendant does encroach upon the plaintiffs' copyright, and what nature of the concrete right is. Once more, in this case whether there exist some conflicts between the trademark rights and the copyright. Finally, this case's measure of indemnity question. I draws the conclusion: it is cannot obtains the effective protection the right related to the work role image because of the vacancy of the laws and regulations. So it is necessary to establish Merchandising Right System.The fifth part first analyzes the limitation of the current laws and regulations to Merchandising Right's protection, further explains the necessity of the establishment of Merchandising Right. Based on the discussion of the concept, nature and content of Merchandising Right, it is demonstrated the characteristics of Merchandising Right protection. If Merchandising Right is established, it is possible to solve the following three major problems. First, it will be obvious the nature of the defendant's behavior. Next, it will be explicit the rights and obligations relations of the plaintiffs and the defendant. Finally, the compensation amount will be clear. The author proposes the conception to standardize Merchandising Right finally. Under current legal regime condition, how in the judicial practice to solve the problem that there is no rule to depend on in the aspect of Merchandising Right's protection. How to establish Merchandising Right in future legislation.