On The Choice Of The Protection Mode Of China’s Merchandising Right

Merchandising Right is a new sort of right in modern economic society. At present, the topichas just touched upon by our jurists, but the therory is still not mature. By depending on therelevant legal practices and the results at home and abroad, the essay draws the conclusion thatMerchandising Right is a new type of intellectual property rights. Based on their characteristicsof real image and fictional character merchandising right, most scholars proposal the dispersiveprotection of personality right and the intellectual property system. There are a lot of gaps andloopholes for the legal protection of the Merchandising Right confined tocivil rights system withinthe current frame. In view of our country commercial right reality and the legislative practice ofother countries and regions, this paper which bases on our current Merchandising Right dispersedin the personal rights and intellectual property rights protection system has brought forwords someideas about the right.This paper trys to have a more comprehensive view in the system of Merchandising Right bymany ways, in order to find the optimal protection mode of it and balance the interests of allparties and save the cost of justice. In addition to the introduction.The first chapter discusses the Merchandising and traces the origin of Merchandising Right.Based on the research of other scholars and combining with the classification of MerchandisingRight, the focus is to redefines the intension of Merchandising Right.The second chapter mainly demonstrates the theory evidence of Merchandising Right whichshould be regarded as an independent right and puts forword a preliminary conclusion to set up anindependent protection model of Merchandising Right.According to the classification of the first chapter of Merchandising Right and comments onforeign Merchandising Right protection modes, the third chapter which combines with the analysisof the theory of the preceding chapters constructs the concrete protection mode for China’sMerchandising Right.