Dilemma And Solution To Protecting Character Merchandising

The utilization of fictio nal characters in marketing activities and the commercialization of well-known figures intensified.Difficulties and dilemmas of C haracter Merchandising exist in theoretical research and judicial practice in C hina.In the research of Character Merchandisin g,some scholars have proposed the need to create a legal system of commercialization rights,to solve the current law on the lack of regulatory deficiencies of the economic phenomenon,there are also scholars on the commercialization of the theory put for ward a reflection and question.This paper introduces the confusion of using the concept of Character Merchandising,defines the dispute of the scope of the object and the definition,point out the difficulties of choosing the protection model.The paper a lso studies the other theoretical difficulties and then sums up Character Merchandising Protection System in the formation of the practice of internal and external judicial practice.Finally,the article puts forward the solution and ways of protection issues of C haracter Merchandising.This article mainly includes five chapters.The first chapter introduces the selected topic background.The second chapter introduces the concept and origin,and then discusses the characteristics of the Character Merchandis ing,behaviors.In the next chapter,the text mainly concludes and summarizes cases in the judicial practice in our country.The legal protections on fictional characters of works are a new field for intellectual-property right.However,the traditional protections of copyright,trademarks and law against unfair competition are very limited in only trying to protect the rights unilaterally.For lack of explicit legal provisions and theoretical supports,the final judgments of such cases may be unfair or inconsistent.In the fourth chapter,the text states the practice of C haracters Merchandising protection in the US.Finally the author analyzes its legal protection under copyright,design,trademark,and competition law and questions whether the law relating to character merchandising should be further developed and extended.