A Study On Protection Of The Law On Merchandizing Right Of Well-known Image

The merchandizing right of well-known image is the new phenomenonappearing in this modern social economic life. It means businessmen usethe well-known image, which is famous and attractive to customers, incommercial activities to gain economic interests. When more and morewell-known image has been used, these holders’ interests are invaded,and the market order is in chaos. But there is no law or regulation toprotect these holders’ interests in our country and we also have no caseto handle these disputes. We always to use personality rights of theGeneral Procedures of the Civil Law, copyright law, patent law ortrademark law to protect merchandizing rights. But these laws haveshortcomings and can’t give enough protection. Consequently, it’s verynecessary to draw up absolute law about merchandizing rights.This thesis focus on the nature, protection mode and its necessity ofthe merchandizing right based on making reference to other countries’experience and our country’s existing theories and conditions. It hasfive chapters. The first part introduces typical cases about well-knownimage which has been illegally used to prove that nowadays there is nolaw or regulation could protect merchandizing right absolutely in China, and it’s very necessary and significant to protect these interests. Thesecond part introduces the historical evolution, definition, characterand nature of the merchandizing right of well-known image, and concludedthat the merchandizing right belongs to the Intellectual Property Law.The third part introduces the investigations of America, England, Germanyand Japan, to pave the way for introducing our country’s presentsituation about the protection of the merchandizing right and the way toestablish relevant law. The fourth part analyzes the shortcomings aboutthe personality rights of the General Procedures of the Civil Law,copyright law, patent law and trademark law and their present situation.The fifth part introduces the reasonable basis of the theory and drawconclusion based on the above-mentioned contents that it’s verynecessary to establish absolute law about merchandizing rights, and alsodiscuss the contents about rights and obligations about merchandizingrights.