Legal Regulation Of Fictitious Role Protection

Fictional character exists as part of work,however,it leads a new life during the spread.As a result,fictional character could exist being separated from the work so as to be the materials of other works and be used in the merchandising activity.There will be some kind of right for independent fictional in the legal system of copyright law,trademark law and anti-unfair competition law.Because the basis of protection of fictional character under these laws is different,it is become implicated for fictional character to earn protection in modern legal system.From the view of character merchandising,the pattern of merchandising right will be another way to protect fictional character.But the merchandising right is not recognised by scholars and there is something wrong with the basis of merchandising right.It is the best way to protect fictional character under copyright law,trademark law and anti-unfair competition law and amend these laws so that we will find a good statute for fictional character in modern legal system.