The Connection Between Commercialized Identity And Commercialized Fictional Character And Its Protection Mode

Merchandising phenomenon is not only a trend of social development,but also the merchandising appearance is a necessary process of the entire economic system being from accumulation to consumption. In the background of commodity economy,because of having commercial value,characteristics of identity or image are used as an exchange object utilized for economic benefit in commercial field. Further more,this second development of characteristic intensively manifests in two aspects:one is identity of commercialization, the other is fictional characters of commercialization. Though personality right and intellectual property are in different areas of civil rights, development of commodity economy leads to the convergence of commercialized identity and commercialized fictional characters in the nature of property right, manifestations, utilization patterns and tort, so the inner connection between commercialized identity and commercialized fictional characters is the reason that combining the two to analysis. Now, protecting the two benefit modes include dispersed mode and centralized mode. The dispersed mode is that expanding legal provision about commercialization in the current civil law, while the centralized mode is that establishing the merchandising right system. Facing the merchandising phenomenon, our country doesn’t simply choose one of the protection modes,but it needs to base on national justice practice, and reasonably adopting other countries’ experience of legislation is also necessary. At present stage,focusing on improving merchandised identity and image of provision in both personality rights system and intellectual property laws, and establishing the merchandising right system is a long term goal that will be achieved,and than making the unification of commercialized provisions comes true.