The Legal Regulation Of The Parasitic Marketing Of The Film-television Industry

With the development of the Chinese market economy, the representative film-television industry of the tertiary industry got an opportunity to develop. however, the ensuing infringement disputes arise, which hindered the sustainable development of the film-television industry to a certain extent, but also for the protection of intellectual property has brought new challenges. among them, the parasitic marketing is an outstanding performance.2014,know as the first case of the Chinese film market parasitic marketing of “Bunshinsaba 3”v”Death Is Here 3” case, which end by ruling that the defendant constituted unfair competition and compensating the plaintiff 500000 yuan by Beijing third intermediate people's court. Although the case is significant, and the parasitic marketing activities also have some deterrent effect, but in view of the legal regulation of the film-television industry parasitic marketing, which remains protected way single, limited the amount of compensation and the review system is not perfect in China, so, how to regulate the behavior of parasitic marketing the film-television industry and to promote the sustainable development of the film industry, still long way to go. Based on this, this paper based on the analysis of the film-television industry parasitic marketing phenomenon, combined with Chinese actual situation, the existing rules and regulations related to the analysis and interpretation, to eventually be able to design effective measures to improve the current status of the system.In addition to the introduction, this paper is divided into five parts:In chapter 1, through introduction of the basic facts of "Death Is Here 3", summarize and analyze legal issues that exist in this case, and summary of judicial practice deal with parasitic marketing practices shortcomings at present.In chapter 2, through introduction of the generating and development of the parasitic marking, introduce the film-television industry parasitic marketing phenomenon.In chapter 3, through carding regulation parasitic marketing specific system design and industry associations related to the processing of basic ways, to review of regulation of the status of the parasitic marketing in China.In chapter 4, through introduction of US law regarding parasitic marketing and MPAA specific title arbitration system, summary and summarized experience of the United States about revelation of regulating the film-television industry parasitic marketing.In chapter 5, based on the current system of film censorship, in our film-television industry parasitic marketing practices of legal regulation put forward countermeasures and suggestions.