Today, the animation industry has become a new cultural industry, even as Japan, the United States, Britain, Korea and other economic powers of the pillar industries. With government support in China in recent years, the domestic animation industry is displaying a very active development momentum, the strength of domestic enterprises significantly enhanced animation, video and online gaming in the field of animation greater development.
However, how the animation industry in all aspects of intellectual property protection and create a favorable market environment, is related to survival and development of China's animation industry critical issues.
With modern fusion of animation and digital technology, animation industry has developed into a set of network use, mobile games, multimedia products, animated cartoons, physical and intellectual training courseware as one of the huge industrial chain. At the same time, the introduction of wireless Internet products also allow direct access to any of the animation handheld information terminals.
Now, relying on the Internet, television and mobile phones and other media great advertising effect and brand effect, many businesses are keen to invest in derivative products in animation and development, so that the driving effect of the animation industry growing. Cartoon story, cartoon characters and personalized virtual character, quality, extend the series to be developed, derivative products covering almost toys, food, clothing, stationery, publishing, home, and most consumption. Animation economy will no doubt become the next China's economic development a strong pillar. However, moving slowly in our industry flourish, intellectual property protection has become a cartoon key to survival and development.
The right form of animation products
Animation products, intellectual property rights include the following form. First of all aspects of copyright. Cartoon animation products image, plot, episode, software programs and documents, original, and can be reproduced in some tangible form, copyright law in line with our "work" of the Elements. Therefore, the animation products integrate the fine arts, music, graphics, photography, computer software, models and other forms of work. Creators from the date of completion of the work that the copyright, and without necessarily fulfilling the administrative licensing or registration procedures.
Second, the trademark area. The image of a typical animation or graphics, based on the anime after the application for the mark, then create the right cross, animation of the recognition and active protection features are greatly enhanced. Because of its trademark licensing program has conducted a preliminary examination of novelty, in the absence of clear evidence to the contrary, the judge for the same type of infringement of goods easier. Therefore, trademark rights to seek administrative or judicial channels relatively large intensity of Rights.
Finally, design patent rights. Bad business for the animation to stop infringing derivative products, and some animation companies to create the animation work for the design patent application. After the grant of patent right for design, no entity or individual without the permission of the rights, not to production and management for the purpose of manufacture, sell or import the patented product design. Review of design patent requirements are relatively low, you can only meet the new principles, without substantive review, and thus easy to be empowered to protect the larger effort.
Animation market eroded the tort Today, the frequent occurrence of piracy has become a human heart animation, has greatly restricted the development of our national animation industry. The creators of the fight against piracy it very difficult and in particular the infringer deliberately carried out the original works of some degree of interpretation, resulting in infringement determination criterion is not easy to master, creator of the prosecution not to rush. In addition, the copyright is different from the patent, trademark, rights of persons other than independence may create the same or similar work, if the infringer defense and cited this as evidence that human rights defenders to rely on means to resolve the litigation, the judicial determination of the authenticity and legitimacy of evidence. However, the high cost of judicial activists, artists are often caught in a dilemma.
Cybersquatting cybersquatting refers to trademarks, cybersquatting, the first to apply for patents. Currently, the most cybersquatting is a trademark, such as China food trade mark "Wang's" cybersquatting in Germany; more noteworthy is that many Chinese classics to be registered by the situation is very serious, such as "Journey to the West", " Romance of Three Kingdoms "," Art of War "by the Japanese game companies are all registered trademarks for the games. Unlike ordinary trade marks registered by such a cybersquatting case, involving two kinds of copyright and trademark rights, to deal with difficult defenders.
A successful cartoon image will lead to a huge consumer market. However, once recognized by the market of a cartoon image of the artist to spend a huge effort and financial resources to build the cartoon image of a huge market for the extended, there may be the ravages of the infringing products. Clothing, stationery, food, jewelry, consumer markets will have every corner of the infringing products in the figure. On the proliferation of well-known cartoon image to use, has seriously affected the value of the image in the public mind, enough to make the public mind the image of the unique business value of well-known animation significantly reduced, so that the public image of the same or similar quality products are produced all animation distrust.
