Study On The Legislation Protect Model Of Architecture Works

Until 2001, China adopted the construction works into the amended PRC copyright law ,it listed as an independent protected object. The copyright law of the people's republic of China , which was amended came to effect in September 5, 2002 .It further clarifies the construction works and the relevant works of graphics and model works which related to he construction works. There is a great rise of cases related to the copyright protection of architectural works, which outlines the importance of studying on the copyright protection of the architectural works. So researching copyright protection has actively explores significance.At present, the international conventions and countries on defines of architecture works are different, through the analysis of definitions of the countries and international conventions on architectural works, referring to the provisions of China, we give a definition on architectural works , which includes buildings , building design and construction model. Regardless the international conventions and the countries how to define the architectural works ,there are three same characteristics, which are the architecture engineering technical and aesthetic of architectural works , the limitations of originality, the artistry of originality ,practicability and scientificity of architectural works, and the dependence of finishing.Originality of the architectural works is the basic protection element .The copyright law not only protect the property of architecture works, and protect the personal rights. However, the copyright law of the protection of architectural works not infinite, when the use of architectural works follows the principle of reasonable use, the users should give the author of architectural works of civil tort compensation responsibility also can exempt.There is many problems in copyright law system in China at present, for exemple the rights are not clear, the scopes of protection are not clear, protected parties are difficult to determine, tort penalties are hard to put into practice. In order to reduce the volume of disputes and conflicts which are on the protection of architectural works, regulate construction industry ,reflect the cultural value and scientific value of the architectural works, China should be establish the system of registration and the system of collective administration when legislative separately. Intellectual property rights strategy has become a strong base of national development, so it is very important to recognize the reality, and constantly improve, then China win the developing opportunities.