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Case Study On The Predicament Of Idea's Intellectural Property Protection

Posted on:2012-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:X T ZhangFull Text:PDF
GTID:2166330338999758Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of Creative Industry, idea has not only meant a good idea, but also a creative, operational and economic intellectual product. Presently, there is no relational legal provisions in our country. The differences between idea and traditional intellectual products,such as works and Trade Secrets, and the identification of idea tort are the main predicaments of the idea's Intellectual Property Protection.This paper chiefly analyses the predicaments of the idea's Intellectual Property Protection through five typical cases . In the cases of Zheng Weijiang prosecuting Wu Guanzhong and Meng Chengming prosecuting Shijiazhuang fourth cotton spinning factory and fist cotton spinning factory, the relationship of idea and works is discussed. This thesis compares idea and works from three aspects and finds certain differences between them. In judicial practice, idea is often included into thoughts, not protected by the copyright law. In the cases of Beijing Shixi prosecuting Sohu and Nintaus prosecuting Motorola, the approval methods and evidence system of rights tort are discussed. As now there is no unified idea tort approval principle, when idea is similar, it is hard to distinguish this situation as idea tort or separate idea. The"idea envelope"system, fist started in Shanghai, is a feasible way to solve this problem. In the case of"Twelve Girls Band", the similarities and differences between idea and commercial secrets are analyzed. Although there are some similarities between them, only several idea that meets the constitutive requirements of commercial secrets can be protected by unfair competition law, so it is impossible to be the main mode of idea protection.By means of summarizing the five cases mentioned above, this article holds that works is different from any traditional intellectual products. Ideas should be protected by intellectual property law mainly, and supplemented by civil law. Besides this, promoting related legal system is needed to form a integrated idea protection system.
Keywords/Search Tags:idea, predicament, work, idea/expression dichotomy
PDF Full Text Request
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