Research On The Protection Of Competition Law Of The Role Name Of The Works

On August 16,2018,the first case of "fan fiction" made a first-instance judgment.The court ordered the defendant Yang Zhi to stop unfair competition and compensate for the loss and destroy the inventory books.The judgment sparked a discussion about the issue of the protection of the role name of the work.The purpose of this paper is to sort out the court’s refereeing ideas and to study the problems existing in the competition law protection of role names.The first part of this thesis is the introduction.By introducing the case,it leads to the topic of the “fan fiction”,and analyzes the core of the research of this thesis—the protection of the role name of the work;the second part is the case introduction and the focus of the dispute,and the case of “Jin Yong v.Jiangnan” The basic situation,the judgment of the court and the focus of the dispute;The third part analyzes the legal nature of the role name of the work and the protection dilemma faced by the current role name.The fourth part discusses that the dispute of the role name protection of the work can be applied to the anti-unfair competition law;The fifth part discusses the application of the "general clause" of the anti-unfair competition law,which introduces the theoretical status of the "general clause" of the anti-unfair competition law,the applicable conditions of the "general clause" and the introduction of the application of the "general clause" protection.The shortcomings of the role name of the work;the sixth part of the article on the prohibition of "commercial confusion" in Article 6 of the Anti-Unfair Competition Law cannot be used to protect the role name of the work.The last part is case analysis,analyzing the irrationality of the court’s judgment.The final conclusion is that the court should not use the anti-unfair competition law to protect the role name of the work,and the court’s judgment is unreasonable.