Intellectual Property Protection Of Titles Of Work

The problem about the intellectual property protection of titles of work is tiny to the object protected. But it has the specialty with small connotation and large extension. And that makes the mode of how to use the titles of work so many and the field of utilizing the titles so large. It includes the use in the copy rights field and the other commercial fields. The Law of Copy Rights seems some good choice to the source of the titles of work. However, because of the limit of its original creation, the legal protection of the Law of Copy Rights on the titles has to depend on the works in a large extent. Its own copyright is difficult to be exhibited. The authorized trademark and its using area make the protection from the Trademark Law to be more objective. But the demand about the trademark's notability and its being used on the merchandise and mostly service make mostly titles of work hard to enter the protection field of Trademark Law. The difficult problem, hard to be resolved in the traditional intellectual property law and the personal rights protection of the civil law, seems to be settled by the unfair competition law and merchandisable right. But the subjective value estimation about the doctrines of well-known and good faith and unfair competition makes the protection of the titles of work unstable. Protection from different law branches is not consistent. At the same time, the common ground of methods of protection exists. But if we created the special law to protect titles of work, it will be improper. Therefore, how to definite different kinds of rights reasonably, and how to balance the demand of individual rights and social rights, become the important problems that must be considered in the area of judicatory. And the doctrines of fair use, exhaustion of rights, and liability fixation are also included.