Intellectual Property Protection In China’s Animation Industry

Animation industry is intelligence-intensive industries, intellectual property is its core,comprehensive intellectual property legal system is necessary for the protection of original animation industry development achievements and gains. In China, the cartoon image was any imitatted, casual copied and illegal cybersquatted,animation companies suffering from piracy problems, the power of animation creators of creative works has been hit hard. Imperfect intellectual property protection system of animation industry has become a stumbling block on the road ahead of China’s animation industry, and must be resolved.In this paper, citing various cases in the animation industry, by means of literature analysis, case study analysis method.Combining thecharacteristics of animation industry,through analysis and demonstration, I found the weakness of China’s cartoon industry in the legislative, judicial, law enforcement and other aspects.And made a define for commercialization rights of cartoon image.Similarly, the various factors that have appeal, influence and commercial value of cartoon image for secondary use, and thus meet the needs of the public, to meet the public demand, and to achieve business promotion rights. Reveals the commercialization rights should belong to the new category of intellectual property.And through analysis the domestic and international the status quo of the protection of merchandising right of cartoon image. Combined with China’s actual situation, considering from the angle of legislation, clarify the relationship between fine art and animation image, build comprehensive protection mode of commercialization rights under existing intellectual property law system.While the animation industry intellectual property rights conflict resolution, in reference to the United States’s and Japan’s solutions, we propose the establishment of the right to coexist system, the introduction of compulsory licensing and compensation mechanisms. From the judicial point of view, the violation of the merchandising right of cartoon image.Mainly made to "benefit reduction method," reference "current market price" of valuation methods to determine the amount of compensation and civil, administrative, criminal composite trial, and improve judicial efficiency recommendations; intellectual property rights conflicts, it is recommendations based pay system to help solve the issues of practical operation of the court to determine the subject and amount of damages and compensation.I hope that through the above analysis and suggestions to provide some reference, for how to do as much as possible to protect the cartoon image and solutions intellectual property rights conflicts, at the same time, both to protect the interests of rights holders, but also social and public interests is maximized.