On The Protection Of The Industrial Property Of Works Of Sculpture

Based on the development of our economy,the characteristics of works of sculpture itself,and perfection of legal protection towards it,great progress in legal protection system of works of sculpture has been made. Protection of industrial property of works of sculpture is derived from a paralleled protection type called the sculpture copyright protection phase.It is of strong legislation and practice value.The most outstanding form of the protection is "design" and "the trademark and neighboring marks of the trademark ".The former is aesthetic,novel,creative and suitable for industrial application,so it is under the patent protection; The latter is significant,clearly recognizable,so it is under law of trademarks as three-dimensional marks,and if as a commodity packaging decoration,it is also can be protected as a well-known commodity' s.Moreover,business secret rights protection of the works of sculpture reflects great importance of business information and technical information of works of sculpture related.It is under protection by the anti-unfair competition law.The different types of industrial property rights on the same object lead to superposition and conflict of industrial property rights of the works of sculpture.In the condition of superposition of works of sculpture industrial property,owners need to choose the best protection form in different rights protection methods.And in the condition of conflict of works of sculpture industrial property,the right owner needs to deal with the conflict of rights in a reasonable way.The different industrial property rights is among works of sculpture,so it requires definition through legislation and fully protection.Through the analysis of the international treaties,the foreign countries and China's relevant Intellectual Property Law and modifying our industrial property rights involving the protection legislation.On the basis of comparison,induction,and comprehensive research,it will bring changes in China's legal system,and if we can make full use of the laws and methods in practice,it will perform well in social security.