With the development of market economy,a new kind of right__merchandising right of the imaginary personage arise from the exertion of the imaginary personage.

In order to change the difficult practical situation related to character merchandising right, advance the legel development of China, the study of merchandising right is an urgent mission in the field of Intellectu.

In order to promote problem sovling and pushing forward the legality process of China,the study of character merchandising right has become a eager task in the field of intellectual property.

There are two major points:one is the role fictitious,the other is the psychological expectation.

The case of "San Mao" brings broad debates on merchandising right in fictional characters in the academic realm of intellectual property law.

As we are lack of the explicit provision in law and the suppo rting of theories, the judicial fulfillment has lost fair or unity in the judgment of cases relates to merchandising right in fictional characters in our country.

Whether fictional characters can be protected by copyright law? And how to protect them effectively? These problems have been discussed for a long time.

A comparatively protective mode of works characters has been formed by precedents in the USA, which can be used for reference in China to establish a legal system of protecting fictional characters as the study to that is still rare here.

As far as works is concerned, fictional character is an edge question.