| Characters Chinese writing system is recorded, the oldest and most wide range, the impact is more far-reaching. It is not only inherit and carry forward the important carrier of Chinese culture, the Chinese nation is the basic identification, not only of great significance to the development of Chinese culture, but also for the cultural development of North Korea, South Korea and Japan have been using Chinese nation also has far-reaching implications. With the development of computer technology, and computer characters occurred combine to produce a computer font. The emergence and development of new things, to our font industry, academia, the judiciary and proposed a new theoretical and practical issues. Specifically, since China is not a computer font-related legal system, computer font creators to better protect the rights and interests is difficult to obtain, the trial court has no legal basis for judicial practice. This status quo has given us raised the question:Are computer fonts should be protected? If you should be protected, and that the manner in which to use? Copyright Law? Anti-Unfair Competition Law? Patent law? These problems in the academic aroused widespread discussion and heated debate. Computer font is a product of the era of digital technology in the country belong to something new, study its system of legal protection can be just beginning, the paper in the domestic research about computer font protection is based on the present and try to increase the accuracy of the study, and the depth breadth, and strive to study intellectual property protection of computer fonts comprehensive and detailed, to propose a suitable China's national conditions and reasonable computer science font intellectual property protection mode.In addition to the introduction of this article is divided into four parts:First, the background introduction specified herein. I believe that not only is the Chinese character learning tool for people's lives, it is the bearer of Chinese culture and heritage of an important carrier, is an important component of Chinese civilization, the art itself has certain characteristics. This requires that we must pay attention to the development of Chinese character fonts fonts, to protect its development. However, the development status of the computer industry in China fonts less than ideal, it had cause for concern, prompted us to analyze the reasons for the difficulties encountered and efforts to find a solution, otherwise there will the legal basis for property font, font and font software for word. According to the author in order to find information found that the current theory there are circumstances confuse the use of a computer font-related concept, which may be followed by specialized computer fonts strong, may also be with foreign literature translation differences are, therefore, the author at the beginning of the first before two chapters focus on research, the computer font-related connotation of the concept to make an accurate definition of a computer to have a clear understanding of the font-related concepts, clarify current theory of computer fonts research process vague concept, using the confusion; and secondly, in order to accurately grasp the computer and word font, font software legal property of the foundation. Only those who know what it is, in order to accurately locate the corresponding law is what rights the object. In recent years, then this article will be about the computer font representative infringement comb, summarized and analyzed to provide detailed case material for further research, this study makes a more targeted and practical; then introduced China's relevant legislation on computer fonts and points out the limitations of protection, as proposed in this paper more reasonable computer font path IPR protection legal system basis for recommendations. Finally, China's computer industry development status of font, and a detailed analysis of the reasons face difficulties: Due to our current legislation concerning computer font is still blank, the degree of emphasis on the public computer font intellectual property rights, lack of protection awareness, so that its use of pirated fonts illegal cost is not high, the result is put into a computer font industry not rewarded, intellectual font developers are not respected, we can not establish an effective incentive mechanism interests, font industry's enthusiasm is not high, the development of the industry to lose confidence the overall status of the development of depression. From this perspective, the legal protection of computer font is an urgent need for industrial development, and only legal regime escort, to change the font industry recession situation, enhance market competitiveness, in order to fight against the impact of foreign enterprises in the font. The main issues raised by this study Summary-computer fonts and words, font software copyright protection. I believe that the protection of intellectual property issues related to computer fonts can not be generalized a general analysis of the legal issues related to computer fonts, according to its concept, it should be positioned as a research object computer word font, font and font software overall three levels. According to two of the academic focus of the current debate about the legal protection of computer font falls mainly on the suitability of the protection of copyright law issues, so I will focus on the study of computer font-related issues also is suitable for the protection of copyright law. This is the results of the analysis of the legal system of intellectual property rights, property law is based positioning computer font.The second chapter is the necessity and feasibility analysis on copyright protection of computer fonts. This chapter is the study of computer font intellectual property protection of important and difficult. The author focuses on computer and demonstrates the necessity and feasibility of Chinese fonts and words and font copyright protection software to turn this part of the evidence herein perspective computer fonts and words should serve as a practical art, font software works as a computer software protected under copyright law. Firstly, Chinese fonts and words necessity computers, copyrighted font software separately from the legal system, industry, all levels of intellectual property and the value of the font to balance the interests of labor principles and theoretical explanation; secondly analysis computer software may be the copyright of the font. Because of computer software related to font software works property in the current academic consensus, there is no need for elaborate, simply to discuss his work as a property and originality. It is worth noting that, when the font software is protected by copyright as a relatively independent of the computer software works. As the output target computer word font and font rendering software that object on copyright law is independent of the two works. That word does not even have a computer fonts and font software originality does not mean non-originality, if you write a program code font software design and font libraries are designers and creative individuals independently, it is possible in the works display of personal creativity and thinking value, it may be considered to have a relatively originality. Here, I highlighted the word computer font, font and font software copyrights whole multiplicity does not mean dividing the overall properties of the computer font library, just Chinese computer font library software reflects the existence of two kinds of ownership ties. Third from copyright law connotation of "work" and "originality" requirement analysis to proceed, comprehensive and detailed definition of Chinese computer font and font software legal words and attributes, as well as explore and analyze the necessity of its copyright protection and scientific. In addition, while I delve into the works and demonstrates the Chinese computer font and font attributes of the word and whether the level of originality and ingenuity can meet the requirements of copyright law. First Chinese computer font attribute works and words and font software from the constituent elements of the subject matter of protection of copyright law analysis. Its word is a computer fonts so that the outer shape of the font style feature works by manifest shape and structural relationship between the lines and all kinds of lines, has a certain artistic, art is part of the expression of an idea. Also has its own transmission of information and exchange of emotional and practical function, but users or consumers in the choice of a particular computer font, if this font and other recognized font obvious differences in style, with obvious artistic features, and recognizing that even if the font characteristics of this art does not exist, does not affect the glyph font itself can convey information to achieve practical and semantic features, which means that on this computer fonts and words of artistry and practicality created the concept separation. Therefore, the computer font attributes and works with a word should belong to works of applied art, may be protected by copyright law. Secondly, the author of the current academic about computer Chinese fonts and words of the law are the property exists doubt as to the views set forth in detail. For example:Computer Font constitutes a Collective Work, databases and computer software works? Gives copyright protection to computer word font will result in "monopoly word" harm to the public interest? Word font practicality affect achieving its artistic value? Whether the same font style, font word would "only lead to negative originality"? Font words belong to industrial products? Creation means affect Chinese computer word font copyright property? In this paper, these doubts do individually analyzed and explained their point of view:1, Chinese computer font on the selection or arrangement of the contents must be in accordance with national standards, and therefore does not have the originality, can not be called compilations; 2, Chinese computer the font used in the computer is a computer font by font software font word works set the font call to achieve, but that does not mean the software has been invoked on behalf of its software products.3, Chinese computer font can convey not only words and semantic information to achieve practical use, which can also at the same time to show its intrinsic aesthetic value through shaped design, it can realize the perfect combination of artistry and practicality, not because Applicability necessarily negate its artistic quality, to arrive at work is not copyright protected.4, a single body and spirit to create a series of works of applied art, only each other, charm alone significantly, resulting in the absence of mutual negation original problem.The third chapter is also a key part of the discussion in this paper is related to a computer font copyright protection applies and Limitation. This chapter is a study of computer fonts and Chinese words and font software copyright protection embodied integrity. The author focuses on the current computer fonts and words and font software and content rights licensing model, focusing analysis on the basis of computer font copyright protection and to the extent applicable. Analysis of the necessity for the Chinese computer font-related restrictions from copyright protection point of view to consider the balance of interests based on the principle, and then were from fair use, exhaustion and implied license limitation system On three computer font copyright protection restrictions. Finally, by limiting the liability limit is reached in good faith infringers of copyright protection for computer fonts. Finally Infringement computer font type and decision criteria. Focus on the "Contact+ substantially similar" standard applicable in its judgment of infringement.The fourth chapter is the conclusion and prospect on the computer font copyright protection system, that is about computer font copyright protection legislative proposals. This chapter is the conclusion of copyright protection for computer fonts research questions. Including the nature of copyright legislation and to formulate a clear interpretation of the law and the word computer fonts and font software, reasonable definition of the scope of copyright protection of computer, improve computer font copyright administrative registration system, increase penalties for violations and the computer industry standard font management advice contents of these parts. That each country consider the legal protection of computer font mode, when in addition to considering the complete rationality of its legal system and institutional structure, but also consider the country's industrial development based on study on the status of a protected computer font above abroad objectives and positioning, which will have a protected-mode adopted by different countries will be different, I believe, based on the development status of China's current industrial structure and legal system, copyright law is an optimal choice for the protection of computer fonts, but there Some need to be perfected:first, have the computer fonts and words as a practical art, font software as a software product should be included within the scope of protection of the law books. NPC Standing Committee should develop scientific and effective laws and regulations based on the characteristics and connotation of computer fonts as well as the existing problems and shortcomings. Supreme Procuratorate, the Supreme judgment should be based on the specific cases thought to judicial interpretation so as to guide the courts to deal with such cases. Second, reasonable definition of the scope of copyright protection of computer fonts. This is the right word and the computer font copyright restriction proposals. In order to avoid giving the computer font to protect the interests of copyright law to bring social imbalances, proposed to ban the production of tools for the reproduction of font usage behavior purpose, clear and reasonable usage behavior of the public, for commercial usage behavior charge, an appropriate increase word and originality that standard fonts and font copyright administrative registration system to improve other aspects of realization of the right to limit computer fonts and words and font software copyright, so as to achieve a computer font developers, the balance of interests between users. Third, through improving human rights infringer loss compensation standard, given copyright administrative department more power and other methods to increase the penalties for violations. Fourth, to assist in the protection of copyright law to computer fonts by strengthening administrative protection, and industry associations to strengthen collective management computer font, font operating mode peremptory norms and the development of policies to encourage the development of the industry way. |
PDF Full Text Request