Analyze On Intellectual Property Protection Of Works Of Applied Art

China, one of the major states that exporting handicraft works and industrial goods in the world, takes up a important place in the field of exporting handicrafts and manufactured goods. At the same time, most of these handicrafts and industrial goods belong to the scope of works of applied art. It can be seen that works of applied art plays a very important role in the percentage of foreign trade, in the growth of national economy and in the increase of foreign exchange's storage. However, the intellectual property protection of works of applied art has obvious deficiencies, even legislative blanks, which will have an adverse effect upon the economic development of our country. Therefore, establishing a valid intellectual property legal protection system of works of applied art will promote the economic development of our country strongly.This article firstly analyzes the concept of works of applied art, and further to discuss the types of works of applied art, draw works of applied art is the art with practical usage, whatever this work is manual art or industrial production. As long as both practical and artistic quality should be called works of applied art, instead of practical and artistic separable. Due to the similarity among the definitions of works of applied art, works of fine art, manufaetured art and industrial design, the passage will compare each similar concept by analyzing the differences theoretically, to understand what does the concept of works of applied art really means.Secondly as a member of Berne Convention for the Protection of Literary and Artistic Works (hereinafter referred to as Bern Convention), which declare the protection of works of applied art clearly, China didn't make any reservation clause at the time of adherence to Bern Convention, which means China has the responsibility of taking all the liabilities stated on Bern Convention and has the obligation of protecting works of applied art reasonably. It is disappointing hat Provisions on the Implementation of the International Copyright Treaties states the protection of foreign works of applied art, while states not a word referring to national works of applied art protection. In such a situation, the scholars have done lots of researches and protest series of protecting methods. So the article makes an assay of varieties of legal protection theory, chooses the model of double protection of Copyright Law and Patent Law by comparing and builds up a intellectual property legal protection system that suits China's situation well. It will fill legislative gaps in this area.With economic development, the disputes of works applied art is unavoidable in life. Because of the deficiencies in the law system concerning works of applied art protection, works of applied art is protected as art in judicial practices commonly. However, such ways lack definitive laws, and could not convince the concerning parties. What's more, the disputes are still there. It cannot fundamentally solve the problem. So in the final the author makes an outline of the ideas solving works of applied art tort judgment, the thread based intellectual property legal protection system of works of applied art and according to the infringed party claim the right protection type to protect respectively his works of applied art for copyright or patent, and design clause of statute to judge works of applied art tort. Hope it helpful to solve disputes of works of applied art tort.In order to express the writing thoughts clearly, and clarify expression meaning of certain content. This paper adopts graphic combination way is expounded, as in works of applied art and similar concept, using the way of Wayne figure to explain the concept of relation. In tort judgement thought of works of applied art, in order to make clear the specific operation procedure to interpret the whole idea's operation step by flowcharts, and further to quote a case in the real life, with the way of case analysis to demo the whole idea, in order to acquire the demonstration effect, and achieve organic combination of theory and practice. Famous Chinese mathematician-Luogeng Hua has made:"Faced with the cliffs, a hundred years to see a crack, but the use of chisels, to enter into an inch of an inch to go into the foot into the foot, accumulation of leap will come breakthrough followed."To protect works of applied art is the same way. We should find out the ways to protect works of applied art well in China by accumulating prctical experiences and considering the present legislation situation as well as the national condition.