Research On The Legal Protection Mode Of Animation Image Merchandising Right

It is very challenging to study the commercialization of cartoon image,because the domestic scholars are still at the stage of theoretical exploration,which is much later than abroad.Therefore,when the cartoon image of infringement,the current law mainly used in China,but it is undeniable that China's existing legal system has lagged behind,and can not effectively safeguard the image of the cartoon.Therefore,our country should dare to innovate,break through the traditional thinking,try to build an independent animation image merchandising right protection mode,so as to prevent and punish the cartoon image infringement behavior.The main body of this paper is divided into five chapters to illustrate the legal protection mode of animation image merchandising right:The first chapter is "the overview of the merchandising right of animation image",through the elaboration of the origin,concept and nature of merchandising right,the concept of merchandising right.In addition.The second chapter is "protection of the right of commercialization of cartoon image",closely related to the particularity of animation image,by expounding the necessity and urgency of protecting the right of commercialization of cartoon image,this paper demonstrates the legitimacy of the protection of merchandising right of cartoon image.The third chapter is "China's cartoon image merchandising rights protection status",this part mainly focuses on the analysis of China's "copyright law","trademark law","patent law","Anti Unfair Competition Law of the cartoon image of the merchandising right protection and limitation for our country later in the legislation of the right protection provide theoretical support for the cartoon image of commodity.The fourth chapter is "the protection mode of foreign cartoon image of merchandising right and evaluation",this part mainly focuses on the mode of protection of the United States,Japan,Germany,the cartoon image of merchandising right and analysis,through comprehensive comparative analysis of the legal protection mode of the cartoon image of the commercialization of national judicial practice,so as to provide very useful experience for improving the relevant legislation.The fifth chapter is "the construction of the cartoon image of merchandising right of China's new legal protection mode",part of the construction of the cartoon image of the merchandising right is a new right as the center,mainly expounds the cartoon image of the merchandising right of special legislation,legislative ideas and future trend of construction of animation shaped legal relationship,legal protection as merchandising right for the future of our country,prevent and punish the cartoon image of infringement and puts forward legislative suggestions.The conclusion part mainly summarized the legal protection mode of foreign animation industry powers the cartoon image of the merchandising right,so that our country should dare to innovate,will try to break the traditional thinking,legislative suggestions cartoon image merchandising right to construct legal protection as an independent right.