| With the development of the commodity economy the phenomenon of using well-known images to promote commodities has intensified.From Michael Jordan v.Jordan Sports in the past few years to more and more new ways of using well-known images have emerged with the rise of the media industry.China usually has the right to protect the relevant people under the existing legal model.However,the protection of the commercialization of well-known images through the personality rights,copyrights and trademark Law etc has shown obvious deficiencies.And,although China has the judicial practice of "commodity rights" and the type of confusion has been added In the Anti-Unfair Competition Law of 2017,It has achieved certain results in protecting the commercialization of well-known images,but judicial practice is chaotic and it is difficult to achieve judicial unification.This article believes that in order to provide more adequate protection for the commercialization of well-known images,an independent "Merchandising Rights" should be constructed in the civil law.Starting from the analysis of the phenomenon of commercialization of well-known images,analyzing the shortcomings of the current legal model for its protection,demonstrating the necessity of constructing "Merchandising Rights",clarifying that Merchandising Rights belong to property rights,and the object of Merchandising Rights is goodwill.At the end put forward legislative proposals on the construction of commercialization rights. |
