On The Construction Of The Protection System Of The Commercialization Rights Of Anime Characters In China

In practice,the animation industry continues to develop and the commercialization of anime characters also develops.The rights related to characters in the process of commercialization are the rights of commercialization of cartoon characters.In China,the commercialization right of cartoon characters has not been established in the legal level,mainly protected crossly by the copyright law,trademark law,patent law and anti-fair competition law.The way of cross-protection can classify and protect the commercialization right at multiple levels to a certain extent,but there are always omissions in this protection mode.For example,the names and dubbing of cartoon characters cannot be protected in the above ways,and there are also deficiencies in the protection of the whole image of animation.The construction of commercialization right should be based on the value of cartoon characters,balancing the interests of creators,commercial users and the third party,and balancing the public and private interests.Foreign animation industry and commercialization started early,the relevant legal provisions are more mature.Therefore,the protection of the commercialization right of anime characters should be based on the current social reality of China by comprehensively referring to the precedents and laws and regulations of various countries and establishing the connotation,nature,main content of the right,the term of protection and the tort compensation system of cartoon characters commercialization right.The nature is a new kind of intangible property right,also need to establish the image integrity,visibility,significance,creativity and other preconditions to be satisfied.Commercialization right includes the right of exclusive use,the right of license,the right of transfer and the right of prohibition.On this basis,establish and improve the animation role of the right to compensation for infringement of the relevant provisions.In this way,it can provide more complete protection for the development and commercial utilization of cartoon characters and provide conditions for the establishment of a perfect system of the commercialization right of anime characters.