Research on Protecting the Cartoon Characters
Cheng Yan · Shidai faxue · 2010
The original character of cartoon works has been the most valuable element of commercial use.Their intellectual property protection issues mainly related to two aspects of copyright and trademark.The protection of cartoon character as an independent expression of copyright protection need to meet a certain criterion.The role of the Trademark Law can provide cross-protection.While the significant elements of the carton character can be allowed to be registered,so as to the duration of copyright protection restrictions can be overcome.However,the cross-protection of the well-known character of has brought the shortcomings of over-protection as a result.Therefore,in the legislative and judicial practice there should be a reasonable sub-sector of rights among the author,trademark owners and public interests,taking into account the goals of encouraging innovation and promoting the use of the characters.