Research On The Protection Of The Right Of Animation Image Merchandising

With a significant enhancement of the economic strength of our country, modernization undertakings have developed rapidly, people’s material living standards have improved significantly, material conditions of the increasingly rich makes the spiritual needs of the people and constantly improve and cultural industry show unprecedented vigor, under the impetus of the market economy, cultural diversity, creativity has been in full bloom, the animation industry as today’s cultural industry a new core strength rise. Anime cartoon image from the original art and gradually developed into a commercial area, the cartoon image of the can to its unique physical characteristics, personality characteristics, by the majority of the public’s favorite, when the public appeal of the success of the animation image has being used in the development of commercial or use, the well-known image because of its high identification is often able to stimulate the public’s desire for consumption, thus to businesses bring underestimated the commercial profit, is the process of animation image, and based on the use of the commercial rights is cartoon character merchandising right. However, in the animation economy continues to heat up, animation image of the commercialization of the activities in the process of rich, arbitrary abuse, illegal use of the image of the infringement of the copyright infringement has become increasingly serious. Due to the cartoon image of the merchandising right is based on the anime cartoon image of a "secondary development" of the emerging rights. Many theories is still in discussion and grope, even in the animation industry is highly developed in the United States, Japan, Germany and other countries also did not establish separate legal, because the concept of cartoon character merchandising right, the nature of the did not reach a conclusion and widely applied in the world, the existing laws and regulations to be protected. As for our country, there are no very clear and direct specific provisions in the law, so there are many defects in the judicial and law enforcement activities.The from the commodity of the character of the process, the merchandising right concept, the cartoon image of the commercialization of right theory of combined with the mode of legislation and judicial practice in other countries, and then analyzes the status quo of China’s cartoon image of the commercialization of right protection, and combined with China’s specific national conditions and environmental law so as to put forward feasible suggestions on the cartoon image of the merchandising right protection. This paper is divided into five parts to discuss the research:The first part is the introduction, which mainly introduces the background, significance of the topic, the research status of the protection of the commercial power of cartoon image at home and abroad, the main research methods and innovative points of this paper.The second part mainly expounds the animation image merchandising right overview, this part of the animation and animation, cartoon image, animation industry is discussed in detail, and the animation image of the evolution of the commercialization of the specific introduction. Then combing the concept of merchandising rights, the comparison of merchandising rights and related concepts, the concept and nature of animation image merchandising rights and other theoretical issues. Through the analysis of the basic theory, we define it as a new type of intellectual property, which makes it easier to integrate into the existing legal system in our country, so as to provide an important theoretical basis for the following suggestions.The third part is mainly based on the legal protection mode and judicial practice, including the United States, Japan, Germany and other countries with a high degree of animation industry, including the United States, Japan, Germany and other countries. And on the basis of using the related typical cases were analyzed and summed up countries, relevant provisions of the cartoon image of the protection of merchandising right, and then combined with Chinese practice summarized the excellent experience worthy of our reference. In order to construct the protection mode suitable for China’s national conditions, to improve the protection of China’s animation image of commercial power to provide a strong reference.The fourth part mainly expounds the present situation of China’s cartoon image of the commercialization of right protection system and existing problems, including copyright law, trademark law, patent law and anti unfair competition law legislation to protect the status quo and defects, and judicial protection and law enforcement to protect the status quo and deficiency. Legislation is not perfect, but also in the specific implementation of the environment, there are many deficiencies. Therefore, how to solve the problem of how to build a practical and feasible protection mode from the legislation to the right of the animation image has become a problem that can not be avoided.The fifth part is to put forward the corresponding countermeasures and suggestions for the above problems, the author proposes to suspend the establishment of the right of the individual to establish a comprehensive protection mode. The author emphasized that we should construct conforms to the legislative mode of China’s specific national conditions and the reality, through the improvement of the existing legal system of intellectual property rights, give full play to the initiative of justice, such as the timely publication of guiding cases, issued a judicial interpretation. And in practice to improve the mode of trial, to enhance the strength of law enforcement, to reduce the threshold of the criminal blow. This not only to promote the sustainable development of the animation industry, but also to promote economic and social harmony, stability and sustainable development of the situation.