The Intellectual Property Legitimacy Research Of Cottage

In recent years,the term cottage has been gradually familiar to the public,and the cottage culture is throughout the market,which has entered in all aspects of our lives.There are different opinions in community,and the argument is around the cottage representing the spirit of grassroots culture and creativity inspired by the results of the masses,but also,or just shows the decline of our society's awareness of innovation and progress could only imitate it? In view of cottage life,especially related to many of the legal issues related to the scope of intellectual property regulation, the paper's intellectual property from the cottage analysis further resolve the legality of Chinese Intellectual Property Law on the cottage's attitude and methods.This article from the introduction, body, conclusion of three parts, of which the body consists of four parts:The first part, first of all understanding of the concept from the cottage, from a legal theoretical point of view, to clarify the cottage on the background, meaning, classification, and from the jurisprudence, civil law theory, anti-unfair competition law, consumer law and product quality law point to a brief analysis of the cottage. Cottage phenomenon related to copyrights,trademarks,designs and other proprietary rights and other areas,which is determined by the contents of the cottage.Cottage from the broad sense can be called culture,everything from products to work,nothing free from entertainment to business.The second part focuses on the legitimacy of intellectual property considerations cottage, first on the cottage of imitation and innovation in the overall analysis of intellectual property, explained the method of infringement analysis on the cottage, and then separately from the copyright, trademark and patent system in three the legal limit in terms of cottage carry out specific analysis. Cottage of imitation and innovation are the focus of attention cottage.Imitation and innovation has always been complementary and mutually exclusive.Cottage is precisely the integration of the two,while the cottage is obvious imitation,imitation of other works, product names,packaging and decoration,patented technology,the most prominent. Cottage has a certain degree of innovation,many new,trendy, not a conventional concept, products, and refreshing.How do we treat the cottage?We divid it into two perspective and treat it in different ways .In order to be able to distinguish between the two ways, first of all the legal boundaries of the cottage must have a clear understanding way.Cottage from the perspective of intellectual property law to determine their legal limits,can be combined with the existing provisions of the Intellectual Property Law, the relevant legislation referring to foreign technical and legal thought, for the cottage and characteristics of the different elements to define and determine, and then carried out according to defined outcome guidance and regulation to encourage innovation , regulation and punishment of acts of infringement of intellectual property cottage.Cottage-maker,China's legislative,law enforcement and management is able to objectively understand and treat the cottage, respect our intellectual property system, respect for legal rights of others,is the purpose of the legal system,is also China's socialist economic development.The third part, based on domestic intellectual property law on the Legal Regulation of the cottage, and elaborated on the infringement of the preventive mechanism cottage view cottage made on imitation and innovation of intellectual property protection recommendations, together with the protection of intellectual property protection both reasonable imitation principle. Cottage way out of our concern,the cottage represents a certain extent, the creative spirit and voice of the grassroots,with populist overtones,are part of the public's love and support,indicating the emergence of cottage adapted to a country's economic development These laws,in line with the psychological part of consumers, the potential for development,in line with the market economy to free market competition and survival of the fittest rules. Only by upgrading the corporate self-Jia Zhi and create business intelligence culture,the innovation into product,based on the increase in the level of imitation can open up a new success. Meanwhile,the cottage's the bottom line is not broken the law, some cottage design trademark, patent,copyright aspects of the fuzzy areas in need of legal and community issues for the new found ability of the new situation.Cottage properly handle the relationship between imitation and innovation,enhance self-discipline and respect for intellectual property rights of others,while respecting the intellectual property system in China,while itself into the context of intellectual property protection.The foursh part, in the first three parts of theoretical explanation, based on measures for improving the analysis of intellectual property law, namely the legislative, law enforcement, judicial and legal awareness and other aspects of comprehensive proposal .China's legislature,judiciary recognized the legitimacy of boundaries cottage when handling the protection of intellectual property rights and free competition and relations, so that the public interest and the interests of intellectual property Junheng,and strengthen intellectual property rights regulations ,and increase the public contionous.