Research On Intellectual Property Protection For Fictitious Characters

Fictitious characters is one kind of artistic images with distinct personality traits in creative works. Successful Fictitious characters has great influence and attractive on the public. With the development of the cultural and entertainment industries and material industry, Fictitious characters is prone to be developed or used in the field of literature and art, and in the field of business. Also, Fictitious characters shows Independent value. However, the Intellectual Property Law of China does not consider Fictitious characters as an explicitly protected object. Then, the rights disputes about Fictitious characters spring up in China’s judicial practice. The Intellectual property protection for Fictitious characters, is not only related to the vital interests of creators, but also involved with the prosperity about social economic and cultural. Undoubtedly, the Research deserves to be discussed and studied. With the ultimate purpose to protection Fictitious characters, This thesis first discusses from the basic questions about Fictitious characters, also analysis the necessity and legal basis of the Intellectual property Protection, and then reveals some limitations of the protection on the basis of traditional intellectual property law, finally try to seek the correct legal path to protect all the Fictitious characters.In addition to the introduction, This thesis is divided into four chapters.Chapter1:Overview of the basic questions of Fictitious characters. This chapter elaborates four basic questions:" the definition of Fictitious characters "," the element of Fictitious characters "," the sort of Fictitious characters "," the use of Fictitious characters ".Chapter Ⅱ:Analysis on the necessity and legal basis of the Intellectual property Protection. With the grasp of the basic questions of the Fictitious characters, This chapter deeply demonstrates and analysis the necessity and legal basis of the Intellectual property Protection.Chapter Ⅲ:Situation and limitations of the protection on the basis of traditional intellectual property law. This chapter, firstly summarizes the objective situation about the protection on the basis of traditional intellectual property law, secondly reveals and summarizes some limitations about the protection for Fictitious charactersChapter IV:Legal paths to protect Fictitious characters with Intellectual property. For the two use of Fictitious characters. This chapter respectively investigate two kinds of legal paths to protect Fictitious characters. In short, the author holds that we should only apply Copyright law to protect Fictitious characters that we use or develop in the field of literature and art; and then breakthrough the traditional intellectual property law, finally establish merchandising rights on Fictitious characters to protect for Fictitious characters that we use or develop in the field of business.