Research On The Protection Of Merchandising Right Of The Imaginary Personage

The right to commercialization has been widely concerned in the international arena,the study of this right for a long period of time,and countries have achieved some success.In China's commercialization rights with the socio-economic development,but also by the people's attention,which is behind the business can bring huge economic benefits are inseparable.The modern economy pay more attention to how to attract the attention of customers,and the imaginary personage is to have this to attract "fans" function.Merchandising right of the imaginary personage will become the focus of protection,this market appeal will evolve into an improper counterfeit infringement,all kinds of cases emerge in an endless stream.How to protect the legitimate rights of the right holders and avoid the infringement occurred in our country in practice can only be in accordance with the specific circumstances of the case,the use of existing systems in the pit and fissure system to protect,although effective,but still can not meet the legal rights The protection of the legitimate rights and interests of people.There is no uniform standard in the judicial jurisprudence of our country practice until the "Kung Fu Panda" case puts the virtual character commercialization right as the first right in the judgment,and provides the basic direction for our research.This article discusses the many aspects of this right from the classic cases.