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Legal Studies of Merchandising Right

Author: LiuLei
Tutor: ChenLiPing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Merchandising right Theoretical basis Rational use of Protected Mode Litigation research
CLC: D922.29
Type: Master's thesis
Year: 2009
Downloads: 77
Quote: 0
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Abstract


Commercialization rights with the phenomenon of the commercialization of new rights , it is a product of the knowledge-based economy . The merchandising right concept originated in the United States , after to widely draw and development in the countries of the world . Commercialization rights in China is still in the stage of theoretical discussion , in judicial practice , the legitimate rights and interests of the people of the commercialization rights are not conducive to the protection , the introduction of the concept of merchandising right and its legislative and judicial practice should some protection is currently pressing problem . Start from the commercialization of the right to produce and learn the basis of a large number of domestic and foreign literature and trial instance , after the analysis and demonstration , commercialization rights under the definition of forthcoming contains business reputation has a role or roles of the value of commercial circulation characteristics and other the image factor for secondary commercial use , and thus create a popular demand in the commercial sector , in order to achieve the rights of commercial promotional purposes . Reveal the nature of the commercialization rights attributable to intellectual property areas . Difference by comparing the commercialization rights and related rights ( moral rights, copyrights , trademarks , patents , etc.) , combined with the actual situation in China , a framework for building integrated protection commercialization rights under the current legal system . At the same time , I also believe that the protection is not unlimited expansion of the commercialization rights , and thus from the intended use of the merchandising right , into the public domain , public order and good morals , Exhaustion four aspects of the commercialization of the right to reasonable use . Commercialization rights in litigation may encounter difficulty and key issues highlighted in the last chapter , as the main body , the term of protection , imputation and damage compensation , which hopes to establish a sound system of judicial protection .

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