Research On Civil Protection Of Character Merchandising

The phenomenon of commercialization originated in the United States in 1930s,it refers to the original does not belong to the commercial field of things used in commercial sales,secondary development,in order to seek commercial interests.The United States,the United Kingdom,Germany,and Japan have already conducted research on commercialization rights,China has also studied the right of commercialization since 1980s.With the frequent and active market activities,the commercialization of famous characters and virtual characters is more and more,The protection of Character Merchandising has gradually attracted the attention of the academic community,and Character Merchandising has become a new research object,however,there are many arguments about the right nature of Character Merchandising and the necessity of legislation.There are many theories about the right nature of Character Merchandising,such as the theory of new personality right,the theory of new intellectual property right and the theory of intangible property right.There are not only theoretical controversies about Character Merchandising.In the process of judicial practice in China,there is no special legislation on Character Merchandising,which leads to many cases about role commercialization lack of theoretical basis in judgment.This paper makes a theoretical analysis of the concept,nature and elements of Character Merchandising by the methods of literature comprehensive analysis,value research,comparative analysis and case analysis,which lays a theoretical foundation for the following research.Through the analysis of the protection of Character Merchandising in the general principles of civil law,copyright law,trademark law and anti unfair competition law,the existing problems of role commercialization in China are concluded.It is found that there are some difficulties in judicial practice due to the vagueness of some provisions.For example,the rights subject of role commercialization is not extensive,the scope of object protection is not comprehensive,the right extension of role commercialization and the duration of protection are not clear,which will affect the progress of judicial practice.At the same time,it also compares the provisions of Character Merchandising in the laws of the United States,the United Kingdom,Germany and Japan.By comparing the relevant provisions of Character Merchandising in these countries,we can get the Enlightenment of Character Merchandising in China.China should have more national conditions to choose the appropriate protection standards and models of Character Merchandising.Through the analysis of the above problems,this paper studies the core content of this paper,that is to put forward corresponding improvement suggestions for improving the civil law protection of role commercialization in China.For example,we should expand the scope of the subject of Character Merchandising rights,clarify the conditions of role as the object of rights,stipulate the duration of right extension and distance protection of Character Merchandising,and improve the tort relief of Character Merchandising.In theory and legislation,this paper puts forward more specific,more reasonable and more operational measures to protect the interests of the Character Merchandising right holders,and to provide a guarantee for the stable development of the market economy.