Research On Legal Protection Model Of The Title Of Works

Language as human society's valuable asset has two properties in parts of both mental and material, but the development of modern commodity make people pay more attention of their material. The title of works, as the carrier of language, also have this problem.In recent years, there appear disputes of the title of works continually, which approves the truth. Theory Circle take the views that the title of works shall be protected by law, but how to protect them and how to apply to the law which is controversial. Therefore, the article take the example of the case of"The Five Golden Flowers"(a name of a movie) which is famous in China, and attempt to take the work of the property right theory of Locke as a guidance, and at the meantime on the basis of learning the protection of the title of works in the legislative and judicial practice of the western developed countries ,and then analyze the scholars'points of view and the feasibility of the departments of the law in practice of protecting the title of works comprehensive and deeply, at last , the writer reach a reasonable idea accordingly.Body is divided into three parts:The first part,firstly, makes a general presentation of the title of works, In accordance with the authority it makes a definition of the title of works and analyzes the basic characteristics and the conditions which the protected works should have. But it is said that not all the title of works which are of the violation require this special"protection"referred to in this article. There are two reasons.one is that part of the infringing act may be adjusted based on the existing copyright law.The other is that only those titles which satisfy certain conditions, especially have prominent roles and potential commercial valves worth to be protected. Secondly, by taking the work of the property right of John Locke who is a renowned British philosopher as the basement of the law of philosophy, and by taking the status of interests unbalance which are reflected in the title of works disputes as reality underlying, combining with the business trend in brands building in modern commodity economy, this part points out legitimacy of protection.The second part is foreign and domestic legal protective practice.Firstly,Anglo-American law system and mainland law system are used as the basic classifications standard. This part introduced the application of《Copyright Law》,《Trademark Law》and《Anti-unfair competition Law》in the western countries during the judicial protection practice of the title of works the legislative works, and then makes a brief comment. Secondly, The domestic theory circle cannot reach an agreement of the thing that which department law should be used to solve such problem. So this part analyzes the pros and cons of the different kind of views deeply on the basis of certain information, and points out that the existing law all have some limitations. But based on the value of commercial nature in the title of works and the anti-unfair competition law's nature"comprehensive function",the practical method should be improving the relevant legal provisions of the anti-unfair competition law.The third part is the important part of exposition. Based on the first two parts of the analysis, the article points out the concept of the title of works protection model clearly. 1.the perfection of the anti-unfair competition law would be applied to protect.2.merchandising right should be used to give protection gradually.On the one hand, the anti-unfair competition law is not entirely useless in the face of this difficult law problem. However, due to the inherent limitations of legislation, it needs imperative improvings. Therefore, the theory circle have the necessary to redefine the definition of"managers","competition relationship", and improve the listed terms and make more strict general terms. On the other hand, legislation should be perspective, especially in the critical moment of formulation of the civil code. In the commercial trend of"Goods in everything", the theory circle need to pay more attention to merchandising right, and introduce in the merchandising right protection gradually. In view of this, this part makes the general expatiation of commercialization,merchandising right,rationality of introducing of commercialize power and law relationships of commercialize power of the title of works. And the writer analyze specific aspects of law protection of the title's merchandising right: the recognized standard of the infringing act,component,the relief measures of the rights,and the limited conditions of the title of works'merchandising right.