The Legal Protection Of The Title Of Works

As the disputes concerning the title of works brought about in recent years, the domestic legal rules are very unclear on whether the title of works shoud be protected and how to protect it if it should be .There has great controversial in the legal study field.This article is based on the study of the law in other countries and the detailed analysis of each legal idea, try to look for the way to protect the title of works in the theorey.This article has 6 parts.The preface part briefs the Five Golden Flower case,come up with the importance of the discussion on the protection of the title of works.Part 1 deliberates the necessity of the legal protection of the title of works.1, The author should be repay from the merchandising value of the title of works.Because the title of works is the production of the intelectual creation of the author and the title of works is the main way for the broadcasting of the work. 2, The free ride act destory the benefits of the author,the law should not ignore the destory.Part 2 deliberates the protection of the copyright law to the title of works is not properly from three sides.1, The title of works is just the part of the work,so it is can not be the independent object of the copyright law. 2, It is difficult to define the originality of the title of works because the title of works is often conbined some simple words.3, It shoud be destory the public welfare if provide the protection of copyright law.Part 3 deliberates the protection of the anti-unfair competition law from the three sides.First delibrates the theoretical base of the protection of anti-unfair competition law,the main cause is the infrigement to the title of works actually is the unfair competition act.Secondly,introduce the two conditions of the protection by unfair competition law. 1, The infrigement should be the use to the special title of the famous work. 2, The same or similar use should bring the confusion.Finally, delibrates the two way to the difficulties when the anti-unfair competition law protect the title of works.1, Redefine the operator as to include the author. 3, Define the word commodity extensively, so the title of works can be the title of the culture commodity.Part 4 deliberates the other ways to protect the title of works.First delibrates the registration protection system of the trademark law can not protect the title of works comprehensively. And introduce the new protected mode ,that is the merchandising right .It includes its concept,the essence and the character etc.The final part delibrates that the copyright law, anti-unfair competition law and the trademark law has its different character and advise it is the effective way to protect the title of works by anti-unfair competition law or conbine the advantages of the anti-unfair competition law and the trademark law.