Research On The Protection Mode Of Our Country’s Merchandising Right

The famous image of commercialization has become a common phenomenon in commercial activities, such as the celebrity endorsement, has brought great commercial benefits to celebrities and businessmen at the same time, also caused a lot of disputes. In our country, there is no law to protect the rights and interests related to merchandising rights, and the rights has not been qualitative. In judicial practice, mainly through the portrait right, name right, and the cross protection of copyright and trademark right in the intellectual property rights,and there are many problems.The author tries to construct the mode of protection of merchandising right in our country, is composed of the following parts: First, the overview of merchandising rights. Through the definition of the concept of merchandising rights, to determine the scope of its research, and then determine the right to the commercialization of the right property is a new type of intellectual property rights.Second, study on the status quo of the judicial protection of merchandising right in our country and the existing problems.Study on personality right, trademark right, copyright and anti unfair competition, and find a variety of ways to protect only the protection of merchandising right, and there are many restrictions.It is necessary to create the appropriate protection system for this type of rights.Third, study the merchandising right of foreign mode, with typical German personal right protection mode and the protection of the image right mode as the object of study,and learn from the experience of foreign legislation.Fourth, establish the protection mode of our country’s protection of merchandising right mode. The merchandising right protection mode belongs to the intellectual property system, and the simple system verification.Finally, according to the relevant provisions of the foreign legislative experience and our country’s copyright law, to determine the specific provisions of the merchandising right, including restrictions, infringement and damage compensation.