Research On Merchandizing Right Of Well-known Image

With the continuous development of market economy, competition is intensifying, in order to improve the commodity market awareness and stimulate consumers’ desire to buy, operators in growing Numbers are beginning to use well-known image, the famous image and his goods in a variety of ways, to bring huge profits. So in the modern society, merchandizing right gradually aroused people’s wide attention. Although since the 1950 s foreign judicial system gradually began to influence legislation, the study of commodification and merchandizing right in our country has just set foot. At present,there are many scholars has carried on the related theory research to the problem, and achieved good results, but the discussion of merchandizing right right is more become a mere formality and the lack of systematic research. At the same time, the judicial practice of the merchandizing right already exists, while the defects of legislation made judge in the case could not be in accordance with it, which leading to chaos in judicial practice, and unable to effectively solve such disputes. In the long run, it will lead more and more social contradictions, the orderly development of China’s socialist market economy will be impeded. In view of this, the author boldly proposed that we can reagard merchandizing right as a new independent protection, and build a set of relatively complete legal system. In order to give effective legal regulation of social contradictions and disputes and provide a powerful legal protection of the development of the socialist market economy in China,the norm of legal effect and social effect should be given full play.This paper is divided into five parts:The first part is the introduction, which include the research background and significance of the right of commercialization, domestic and international current research situation of commercialization right, the main research methods, innovations and deficiencies in this paper.The second part discussed well-known image, and commercialization, merchandizing right and merchandizing right rights and legal relationship were further discussed on the basis of the content of well-known figures.The third part is about several case raises the problems existing in China, and the related provisions of existing law cannot effectively solve these problems, highlight the necessity and urgency of the legal protection of well-known image.The fourth part describes the merchandizing right of well-known image in continental law system and Anglo-American law system countries background and legislative protection present situation and the development of reference.The fifth part puts forward the legislative Suggestions of establishing merchandizing right, and explains how to identified infringement of well-known image commercial behavior and how to carry out the legal relief.