Legal Protection Of Merchandising Right Of Cartoom Image

2015 is an important year of deepening reform and the full implementation of the rule of law. With the continuous economic growth, at the same time, the animation industry as a strategic emerging industry which plays an increasingly important role in the economic and cultural development now. Since the Ministry of Culture issued the"five measures” in 2015,the effectiveness of the animation industry transformation and upgrade has shown and the brand effect is increasing. The reason of the animation industry’s rapid development is that the animation derivatives market can get huge economic interests, such as stationery, dolls, clothing, animation and game industry etc. Piracy and trademark cybersquatting threats our excellent animation enterprises because of the big benefit. These phenomena emerge in an endless stream and impede the fast development of China’s animation industry. Although in recent years, China has adopted a series of policies and measures to promote the development of animation industry and the legal protection of the cartoon image. But in the statute law,our country has not stipulated the exact status and role of the cartoon image of the merchandising right. The existing laws and regulations lack of specific content of it ,which is very detrimental to the protection of cartoon image. This paper discusses the basic problems of the cartoon image of the merchandising right and analyzes its necessity. In addition that, we learn from other animation protection mode in developed countries like the United States, Japan, Germany and South Korea on the cartoon image of the merchandising right and we discard the dross and select the essence as well, then we find out the defectiveness of China on the issue of the protection of the cartoon image and solve a series of problems of China’s animation infringement of image merchandising.In my view, we need to treat the cartoon image as the object of legal protection in the intellectual property system, especially bring in the concept of merchandising right in copyright law. we should describe the specific content and remedy of tort of the cartoon image of the merchandising right. I suggest to establish the cartoon image of the merchandising right , and the cartoon image of the merchandising right in copyright. Treating it as an independent property right in copyright protection system of copyright law, learning from other countries and combining with the trademark law,patent law, anti unfair competition law legal protection.