Research On The Legal Protection Of Virtual Characters In Online Literature Works

The rapid development of the network brings the prosperity of the network literature,the virtual role of the works can attract a large number of consumers to consume in the market,the huge commercial interests drive the infringement users to use the virtual role to obtain improper interests,infringing the interests of the role holders,and the relevant legal provisions to protect the virtual role is missing.The protection of literary works is relatively strict,while the virtual role is in a vague state in the law,which cannot be protected by the copyright law.Many works in the virtual role is more,virtual role by the market influence,the time to suffer infringement is not sure,if all the cost of registration as a trademark author simply can not afford.In order to regulate such infringement,the anti-unfair competition law must be cited.But the contradiction lies in that the author,as a trader,is not the object protected by the anti-unfair competition law.After comparing WIPO and The United States and Japan on the legal provisions of virtual role,we can know that the protection of virtual role in the anti-unfair competition law.There is no need to change the relevant provisions of the current intellectual property law.The interests of the holders of virtual roles can be effectively protected only by expanding the judicial interpretation or simplifying the procedures.For the parts that cannot be protected,the anti-Unfair competition law can be applied to achieve more comprehensive protection.The use of case guidance system in judicature can largely avoid different judgments of the same case in different regions and effectively safeguard the justice of the law.Again through the establishment of professional lawyers legal platform on the protection of the virtual character of social support.In terms of the protection of virtual characters,only with the help of various forces can we effectively deal with a variety of complex means of infringement,and realize the comprehensive protection of virtual characters in network literary works.