Research On Legal Protection Of The Merchandising Right Of Fictional Images In China

As a foreign product,the merchandising right of fictional images has been studied by many people in China.In the development of China's market economy,especially in the domestic art industry,film and television industry,animation industry and other related industries,fictional images have always been a hot object of industry competition and a source of economic value creation.The merchandising right of fictional images refers to the owner of the merchandising right of fictional images use the fictional images and its related elements in the goods or services to increase the consumption appeal of the goods or services,thereby obtaining commercial interests.The merchandising right of fictional images bring not only economic benefits to the rights holders,but also brings added value such as reputation and goodwill.With the rapid development of the market economy,the disputes over the merchandising right of fictional images have also increased,and the legitimate rights and interests of many holders have been violated to varying degrees and have not been fully protected.Generally speaking,China's research on the merchandising right of fictional images is not comprehensive enough.There are still many disputes between the theoretical community and the judicial practice community.Therefore,the independent protection system of the merchandising right of fictional images has not been formed in the law.This paper starts with the basic theoretical research of the merchandising right of fictional images,and analyzes the current situation of China's protection through the analysis of typical domestic cases.It is found that the current protection of the merchandising right of fictional images in China mainly adopts the "Copyright Law " " Trademark Law " "Anti-Unfair Competition Law" decentralized protection model,including the "Copyright Law" "Trademark Law" is the main applicable law,and "Anti-Unfair Competition Law" is the basic protection law.The newly revised Anti-Unfair Competition Law in 2017 has further broken the protection of the merchandising right of fictional images and is expected to become the priority of future protection routes.Based on the status of domestic protection in China,this paper draws on the experience of foreign protection and proposes the protection and perfection of the merchandising right of fictional images under the decentralized protection mode.In addition to the introduction and conclusion,the paper is divided into the following four parts:The first part is the basic theory of the merchandising right of fictional images.Clarify the meaning and legal relationship of the merchandising right of fictional images and explore its nature.The second part is the legal application and existing problems of the merchandising right of fictional images in China.The protection of the merchandising right of fictional images in China is usually the application of the Copyright Law,the Trademark Law and the Anti-Unfair Competition Law.However,due to the nature of the merchandising right of fictional images,such decentralized protection has its rationality but has many limitations.The third part is the protection mode and reference of the foreign merchandising right of fictional images.Because China's theoretical research on the merchandising right of fictional images is not comprehensive enough,there are many theoretical disputes,and the legal system construction has not been completed.Through the study of countries in the United States,Japan and Germany that have relatively mature protection system for merchandising right of fictional images,it can provide reference for the formation of relevant legal systems and the formation of protection models in China.The fourth part is the improvement of the protection of merchandising right of fictional images in China.In response to the limitations of various legal protections under the decentralized protection model,corresponding suggestions for improvement are proposed.The revision of the newly revised "Anti-Unfair Competition Law" system makes the "Anti-Unfair Competition Law" more advantageous in the future application of the law,and is expected to become the priority of the future protection path.Improve the protection system of relevant laws,in order to obtain the best protection path for the merchandising right of fictional images holders in the case.