How should we deal with pervasive infringement? At present, China's animation industry is mainly protected by copyright law, supplemented by trademark law and patent law, which respectively protect the animation role of registered trademarks and the animation role of applying for design. The anti-unfair competition law constitutes a comprehensive legal protection model. The choice of this legal mode lies in the complexity of the animation production process, and different production stages will produce different protected objects, so corresponding laws and regulations are applied to protect them respectively. Existing Problems and Analysis There are three major problems in the animation industry at present: piracy, malicious cybersquatting and imitation of derivative products. The reason is that although the current law fully protects the animation industry, there are still omissions: copyright protects the animation industry: first, it is difficult to prove in actual justice because it is not necessary to register, and it is necessary to make a judgment first, especially when the work is formed into a new work through complex processes such as deduction, adaptation and assembly, the standard for judging infringement is not easy to grasp; In addition, copyright does not protect ideas, nor does it exclude the same or similar works independently created by others, which makes infringers use this as a defense to cover up the facts, which is not conducive to the protection of rights holders. Protection of trademark rights to animation industry: First of all, trademarks can only be protected on certain commodities, and cross-category infringement cannot be sanctioned. Therefore, before the new trademark is recognized as a well-known trademark, it can not fully and effectively protect the animation industry. Then apply for registration as many categories as possible, which increases the cost of rights protection. In addition, if the owner of a registered trademark only applies not to use it, the trademark dissident may also apply to the Trademark Office to abolish the trademark and lose his rights. The protection of patent right to animation industry: First of all, the patent right of design is only ten years, and the protection time is short. In addition, the obligee needs to go through the administrative reconsideration procedure before litigation, which also enables the infringer to delay the litigation. To improve the legal protection system, a mature animation industry chain should add an important link, that is, the protection of intellectual property law, as an important guarantee for the sustainable development of the current and future animation industry. Specific to the road of intellectual property protection of animation industry in China, in addition to improving legislation, strengthening law enforcement and punishment, and enhancing the awareness of intellectual property protection of animation, it is more critical to recognize the existence of the commercialization right of animation characters in theory, recognize the subject status of animation characters' rights, and build a legal system on this basis to protect the development of animation industry to the greatest extent.

Animation industry is a new force rising rapidly under the situation of economic globalization. There are many kinds of derivative products, huge added value and wide market demand, which makes it quickly become an important pillar industry in some developed countries. Today, with the information explosion, China teenagers' demand for spiritual products is expanding day by day, forming a huge consumer group in the animation consumption market. However, in the face of the cruel reality that China's animation market has been annexed by other countries, how to revitalize China's animation industry has become an important issue to be solved urgently. Analyzing the development of animation industry in China, it is not difficult to find that it is precisely because of our backward consciousness, the lack of policies, the imperfection of relevant laws and regulations, and the lack or offside of government supervision that its development has been blank for decades. Therefore, how to correctly handle and solve these problems has become a top priority.

Based on the economic principle of intellectual property rights and the economic analysis of social regulation, this paper aims to deeply analyze the current situation of the construction of laws and regulations in China's animation industry. At present, the laws related to the intellectual property protection system of animation industry in China need to be improved urgently, the laws and regulations related to the classification system are missing, and the government supervision is seriously offside and absent.

At the same time, this paper analyzes the legal system construction of the United States and Japan, two typical animation countries, and focuses on the successful experience and development bottleneck. Based on the animation industry in China and its environment, this paper makes a further analysis in order to provide theoretical and practical methods for the construction of laws and regulations of animation industry in China.

Through the above analysis, this paper believes that to improve the laws and regulations of China's animation industry, we should pay attention to the following points: First, establish and improve the intellectual property protection system of China's animation industry. It mainly includes perfecting the definition and compensation mechanism of intellectual property infringement, standardizing the payment mechanism of animation property fees, improving intellectual property protection institutions and strengthening the enforcement of intellectual property protection; Second, establish and improve the classification system and supervision mode of animation publishing and distribution in China. Including the establishment of a classification system for animation publishing and broadcasting in line with China's national conditions, the establishment of a departmental system for classification review, the improvement of regulatory standards, and the introduction of punishment mechanisms; Third, establish an effective and appropriate government supervision system. Including attaching importance to the construction of conventional legal system, standardizing law enforcement procedures and improving industry intermediary organizations.

Finally, this paper points out that the golden age of animation development in China has really arrived. Faced with such a rare historical opportunity, whether the government's laws and regulations construction and standardization work can guard against arrogance and rashness, be based on reality, cater to the market, make overall plans, and coordinate government and enterprises will directly affect the development process of China's animation industry. It is believed that with multilateral cooperation, the construction of laws and regulations of animation industry in China will be carried out smoothly, and it will play the greatest role in practical application, giving a solid boost to the initial animation industry rather than resistance.