However, as China’s economy continuously develops and prospers, people begin to realize the tremendous value of well-known peoples’ names and portraits, as well as the value of the fictional characters in famous works. Moreover, with the development of the animation industry, various disputes and infringements are accordingly arising. How to protect merchandising rights has become an inevitable practical problem.

Because of the lack of a legal basis, the courts often use existing laws and regulations to solve infringement cases involving merchandising rights. More often than not it appears as if this approach offers an implausible solution.

Right now it is difficult to clarify how merchandising rights will develop in the short term, but it is worth acknowledging that some courts in China hold a positive attitude towards merchandising rights cases, they try to make breakthroughs based on the current laws and regulations. The judgments of related cases have resulted in a strengthening of merchandising rights and legal protection.