Talking About The Protection Mode Of The Commercial Rights Of Virtual Characters

The development of commercial economy has also injected impetus into the development of the cultural industry.Some cultural industries have huge commercial value and become the focus of commercial exploitation and use.With the popularity of virtual characters,who have a great attraction to the public,producers and sellers use them for their goods,services,attracting more customers and earning more profit.Because of the good profit,every time a children's cartoon work are welcomed by the audience,then we can see the products and shops related to the cartoon characters everywhere.The increasing infringement behavior not only seriously damages the legitimate rights and interests of the right holder,but also destroys the normal market order of the cultural industry,which makes the whole culture market in chaos.Now the right holders have gradually formed a certain protection consciousness,and try to safeguard the legitimate rights and interests of themselves through legal means.In the existing legal system,however,there is no content that could directly protect the commercial rights interests of virtual characters.The judicial ruling shows that the copyright law,trademark law and anti-unfair competition law are adopted to protect the commercial rights of virtual characters.At the same time,some scholars proposed that this protection mode could not form comprehensive protection,and would establish a special legal system to protect it.However,research on the commercialization rights of virtual characters has only been carried out for more than 30 years,which has not yet formed a mature theoretical system.Under this premise,it is difficult to establish a special legal system,and it is more reasonable to seek protection within the existing legal system.This article puts out how to better protect virtual character commercial rights and put forward some views and suggestions throught the analysis of content of copyright law,trademark law and anti-unfair competition law system.This paper is divided into four parts:The first part is a theoretical overview of the commercialization of virtual characters.Firstly,the author discusses the origin of the commercial use of virtual characters,the definition of virtual roles and the definition of commercialization,and introduces the object scope of commercial use.Next,this article analyzes the necessity of protecting virtual role commercial rights and interests,which is conducive to creating and promoting social progress,to protect the legitimate interests of the author based on the work for expectation,to abide by the principles of fairness and the embodiment of the principle of balancing of interests.The second part is a review of the protection mode of the commercial interests of virtual characters in major foreign countries.First of all,through analysis and interpretation of the report on the commercialization of WIPO's role,the basic model of the international protection of the commercial rights of virtual characters is identified.Next,respectively,the law and the main cases on virtual character commercial rights and interests of the United States,Britain,Germany,Japan,France are introduced,including the copyright law,trademark law,anti-unfair competition law.The third part introduces the situation of protecting the commercial interests of virtual characters in China.The protection of the commercial interests of virtual characters mainly involves the copyright law,trademark law and anti-unfair competition law.Then,the article analyses the protection content of these three parts and points out the defects and shortcomings in practical application.The fourth part is the conclusion part,putting forward some suggestions to the existing legal system in China.Through the above analysis,it is not difficult to draw a conclusion that it is necessary and feasible to protect the commercial interests of virtual characters.First of all,the author discusses if it is necessary to establish a special legal system and points out that it is more reasonable to seek protection from the existing legal system.Next,some suggestions on how to perfect the legislative content,strengthen law enforcement and judicial work are put forward.