Research on the Merchandising Right of Fictional Characters

摘要

With economic development, the merchandising of fictional characters becomes more popular, thus there emerges a new right called merchandising right concerned by the academicians and practitioners. The rise of merchandising right of fictional characters, one of intellectual property right as well as a special intangible property right, not only adjusts to social economic development but also makes up to the deficiency of the traditional intellectual property right, whose theoretical base is social planning theory. This paper states the current protective situation of merchandising right of fictional characters through a case study of “san mao” and finds out the deficiency of current rules in China. Taken into account the protection mode and standard set by the US, the birthplace of merchandising right of fictional characters, hereby relevant recommendations of how to improve the legal protection of the merchandising right of fictional characters is put forward.