Dissertation > Excellent graduate degree dissertation topics show

The Research on the Protection of the Merchandising Right of the Well-known Image

Author: CaiYuanMei
Tutor: TangChaoHua
School: Hunan University
Course: Civil and Commercial Law
Keywords: Well-known image Public figure Virtual character Merchandising Right
CLC: F203.9
Type: Master's thesis
Year: 2010
Downloads: 79
Quote: 1
Read: Download Dissertation

Abstract


In a modern society with the up growing market economy, every element that has the economic interests may be conferred on the commercial and application of color to business sectors. Because of the affinity of the well-known image, dealers always find ways of these images from the original non-commercial application to the commercial field, to promote the sales of their products. And since then the commercial value of theses famous images will be realized. This is what is called well-known image of commercial.As a result of this new type of movement, a new type of right came out. The new right is defined as merchandising right in the field of law theorists. Merchandising right is a range of broad concept which refers to the subject of rights will be able to develop and apply those appealing and influential images of public figure, virtual characters, famous works’ title, the role names of film which belong to non-commercial areas to a second development and application to business, so as to create an exclusive right that can achieve the purpose of promoting sales via meeting the public demands. Merchandising right has its corresponding original right, however, it comes out of the original right, but is also different from that.Merchandising right is an intellectual property rights that parallels with copyright, trademark, patent. The object of merchandising right can meet the request of intellectual property rights and it also has the same characteristics of intellectual property, such as:the non-conflicting of the natural use of the form exclusive, invisible, regional, timing. China’s existing law neither explicitly issued merchandising right as an independent right, nor other adaptable laws to effectively protect the new rights.When infringement of merchandising rights occurred, mostly it was solved separately by personality rights, copyright, patent, trademark and so on. There is no defined, direct applicable form of legal protection in judicial practice available. However, merchandising right is an independent right which is different from the existing rights, this special law protection mode exists various defects, it can not protect such new rights—merchandising rights thoroughly. To offer merchandising rights effective protection, we need to improve the existing law, making it the independent rights stipulated in the intellectual property rights, and identify their specific contents to be protected, so as to give the subjects of merchandising rights’ legal interest comprehensive and effective protection. The protection to the merchandising right of the well-known image can not only protect the subjects’and consumers’interest, but also make for the maintenance of the market competition order.

Related Dissertations

  1. A Study on Protection of Well-Know Image by the by the Merchandising Right,D922.294
  2. A Study on Protection of the Law on Merchandizing of Well-known Image,D923.43
  3. Legal Studies of Merchandising Right,D922.29
  4. Top Drive Drilling Simulator Graphics System Research and Implementation,TP391.41
  5. The Study on Introducing Virtual Characters to the Multimedia Interface Design for Child Users,TP391.41
  6. Research on Legal Protection Model of the Title of Works,D922.294
  7. Research on Merchandising Right,D913
  8. Legal protection of freedom of the press,G210
  9. Trademark conflict with prior rights of certain legal issues,D923.4
  10. The Research on Virtual Character Behaviors Based on the Sudden Events in Architecture,TU201
  11. Slightly on Merchandising Right,F014.3
  12. Legal Studies on Merchandising Right of Well-known Logo and Image,D923.43
  13. Research on the Legal Protection of Merchandising Right in Fictional Characters,D923.4
  14. Research on Merchandsing Right,D923
  15. Study on Virtual Character Commoditization Protection,D923.41
  16. Research on the Right to Privacy of Public Figures,D923
  17. Study on Disdinguished Protection of Public Figure’s Personality Right,D923
  18. Research on Merchandising Right,D913
  19. Tries to Discuss the Merchandising Right of Film and Television Piece,D913
  20. On the merchandising right the Civil Protection,D923

CLC: > Economic > Economic planning and management > Management of National Economy > Administration for Industry and Commerce
© 2012 www.DissertationTopic.Net  Mobile