The Diversified Protection For The Right Of Commercialization Of Cartoon Image In Intellectual Property Law

In recent years, the rapidly development of our country’s economic makes thenation’s living standard and cultural life to a new level. To meet the needs of theliving standard, the needs of the people for the spiritual culture began to show andgradually improve, so cultural industry started the unprecedented development.Cartoon industry as an important part of the cultural industry, attract all the socialfrom attention naturally. In recent years, our government also issued a series ofpolicies to support and encourage the development of cartoon industry, thedevelopment of cartoon industry entered the heyday. Cartoon industry developmentmakes the creation and dissemination of comics has reached an unprecedentedprosperity stage, the interests of all parties have been huge gains in the process.Thecartoon image in cartoon works with its appearance, personality traits which hasdistinctive features, they are popular with the public so that the cartoon image has akind of credit itself, the credit will attract the public to buy things, which relatedderivatives, such a process is the commercialization of cartoon image, the right ofcommercialization of the cartoon image right produced.The right exist will inevitablyproduce rights disputes. In past years the disputes also showed a trend of increase, toexpand the scope of the case, so for the right of commercialization of the cartoonimage protection is particularly important and necessary.In this paper, using literature research and comparative research, in order toresearch the commercialization of cartoon image and the right of commercializationof cartoon image related issues, to make the right of commercialization of cartoonimage related issues clearly, and to analyze the nature of each problem or causes,draw lessons from foreign successful practices and experience, consider the currentsituation of protection of our country and the actual national condition, proposedsuggestions to our country about the diversified of the right of commercialization ofcartoon image in intellectual property law. In this paper, define the right of commercialization of cartoon image and analyzethe necessity of diversified protection. Analyze the concept of the right ofcommercialization of cartoon image, makes every effort to have a wholeunderstanding of the right of commercialization of cartoon image. Then analyze thenecessity of the diversity protecting. Concrete in three aspects: the right ofcommercialization of cartoon image form is different from general rights and itsdevelopment trend and the protection present situation of their sole protection, toillustrate the advantages of diversity protection. Emphasis introduce the object of theright, the object a kind of influence, one kind of credibility,not the vector, at the sametime also analyze the conditions of the object which can be a vector. The foreign lawhas experience in the right of commercialization of cartoon image diversifiedprotection,which can offer reference and enlightenment to our country. The papermainly focused on the United States,Japan to be introduced, also introduce thediversity of European countries. Then using the method of inductive reasoning,summarized the diversified protection in these countries which is worth us to learnfrom. The description of protections in the paper, points out the shortages ofintellectual property law to protect the right of commercialization of cartoon image.In addition to the rule’s own problems exist, they does not play a role, so can not ableto provide sufficient protection for the rights. Therefore, finally, to face theshortcomings of the corresponding, take out suggestions to improve it,in order to givemore comprehensive protection to the subject of this right.The innovation of this paper is that when describing related concepts andanalyzing the shortcomings of existing law, introducing the case in real life andjudicial practice as an argument, compared with the dry text, the cases can explainand understand the problem more clearly. In addition, on the understanding of thenature, define as a new type of intellectual property rights. To the foreign law is notcompletely copying, combined with our own national conditions then learn from itappropriately. The necessity of diversified protection and the perfection of the law is the focus of this article,also the purpose of this article. hope to be able to haveresearch significance in the right of commercialization of cartoon image in theory, toprovide the reference value in practice.