Problems And Researches Of Landscape Planning And Design About Intellectual Property In China Currently

With the development of Landscape Architecture calling and the intellectual property consummate in China day by day, intellectual property, particularly its copyright, patent and the technical contract are seeping gradually to Landscape Planning and Design and its related domain. Landscape Planning and Design about intellectual property problems protruded from that time on. They are not allowed to neglect, and they are waiting for solving. However, at present, the researches on Landscape Planning and Design about intellectual property problems and its related domain actually restricted in the engineering design, the architectural design, extremely little involves Landscape Planning and Design domain in our country, the situation is unoptimistic. What needs to pay attention is there is lack of system research on Landscape Planning and Design about intellectual property problems. According to the Landscape Architecture study system, this article classifyed the content related to Landscape Architecture. Then, according to the aspects which Landscape Architecture system involves, as well as the protection object of intellectual property, this article mainly divides intellectual property problems about Landscape Planning and Design into three kinds of aspects, which are design opus, specialty literature and design software. In allusion to the analysis present situation of each type's right infringement. On account of Landscape Planning and Design and intellectual property's nature, the three kind of question's right infringement exists in certain time and certain scope, evidence collection is difficulty, even if obligee win, it is also very difficult to obtain the satisfying compensation. Therefore, the right infringement question has not obtained well solution.In view of the fact that kinds of present situation, the article unite cases, separately analyse to design opus, specialty literature and design software's protection question of intellectual property. This article dissertate infringement right particularity of design opus and determination of right infringement through "Chengdu Lang Shining environment design Limited Company and Nanchong planning and design bureau infringement copyright case", "Chengdu Zhixin house property infringe Deyang Landscape Planning and Design designer Zhong Yicheng 'hanging garden' patent case" and so on. This article dissertate infringement right particularity of specialty literature and determination of right infringement through "Guangzhou residents accuse the landscape bureau which infringe his copyright, arbitrarily used his plan". This article dissertate infringement right particularity of design software and determination of right infringement through "Autodesk Limited Company accused Beijing Long Fa construct and decoration project Limited Company which infringe computer software copyright case".According to research of demonstration, this article discussed the cause of existing right infringement problems and the deep level reason. Many people's intellectual property rights consciousness is indifferent, infringement of right is easy, to present evidence is difficult, to protect these rights is not easily, profit of pirates is rich and generous, the designers' earning is comparatively not ideal. In addition right infringement is invisible, timeliness and regionally, it enable the right infringement exist objectively, and it is not able to solve very well. In view of the existing question and the existence reason, this article proposed the preliminary solution and the suggestion. It suggested the related department to raise their working efficiency, to increase the embarking dynamics, Landscape Planning and Design obligee must respect other people's work achievement, acquire the intellectual property protection consciousness, enhances their own moral training. At the same time, the related department should also consider that promulgate some special laws and regulations to standardize the market.