Research On Protection Of Merchandising Right Of Cartoon Image

The development of market economy in China has led to the improvement of people’s materiallife level.The state has begun to emphasize the role of culture in the development of the country,so the cultural industry has been developed.Animation industry as an important part of cultural industry has attracted more attention than before.At the same time,cartoon image is loved by the masses for its unique character and appearance features,and is widely used in the commercial field.The popular cartoon image stimulates the public’s desire to purchase because of its high degree of identification,so that businesses get high profits.This process is the animation image commercialization,in this process,the right based on this commercial use is the merchandising right of cartoon image.But in the process of commercialization of cartoon image,there are many behaviors which embezzle and abuse cartoon image.As the merchandising right of cartoon image belongs to the emerging rights,many theories are still under discussion,and there are no specific provisions in the law,so it is difficult to fully protect the merchandising right of cartoon image.This paper starts with the research status at home and abroad,demonstrate the necessity of protecting the merchandising right of cartoon images.On the basis of learning from other countries’ protection models,combined with China’s specific national conditions,define the concept of merchandising right of cartoon image,and put forward the feasible protection suggestions.This paper is make of five parts:The first part is the introduction part,mainly introduces the research background and research significance,research status at home and abroad,the research ideas and methods in this paper.The second part introduces some basic concepts and basic theories of the merchandising right of cartoon image,introduces the origin and development of the merchandising right of cartoon image,and compares the merchandising right of cartoon image with the related rights.The third part mainly analyzes the legislative status and judicial status of the protection of cartoon image merchandising right in China.Through the analysis of specific cases,it points out the main problems existing in the current legislation of our country and the main torts in the judicial practice,and thinks about the causes of its formation.The fourth part is an overview of the legal protection mode of the merchandising rights of cartoon image in the animation industry of the highly developed countries,analyzes theprotection of the merchandising rights of cartoon images abroad,and analyzes the typical cases of various countries.The fifth part is to put forward specific suggestions for the above problems,learn from the legal protection experience of merchandising rights of cartoon images in foreign countries as the basic,perfect the protection of the merchandising right of cartoon image in China.The author proposes to establish the merchandising right to protect the cartoon image,and the definition,content and remedies are described in this part.