Analysis on the Legal Protection of Merchandising Right in Fictional Characters:Implication of Practice in the USA
Cao Jun-jing · Dangdai faxue · 2008
The case of San Mao brings broad debates on merchandising right in fictional characters in the academic realm of intellectual property law.For a lack of explicit legislative provisions and theoretic supports,the judicial fulfillment has lost fairness or unity in the judgment of cases related to merchandising right in fictional characters in our country.Via analysis on the legal protection in the U.S.the authors conclude that we should draw lessons from the synthesis protection mode adopted by the U.S.in practice,make reference to the protection standard formed in American case law,and focus and do research on typical model cases.When necessary,we can establish the protection standards of the merchandising right in fictional characters by the way of judicatory explanations.