Research On The Protection For The Intellectual Property Rights In The Advertisement

The emphasis of this paper is to analyze the protection for the intellectual property rights in the advertising works within the range of law of intellectual property rights. Theoretically, the advertising works can be protected from different aspect,.Firstly, as art works, it can be protected by the copyright law .Besides, if it forms the business secret,the advertising works can be protected by the law of unfair competition. Finally, when regarded as the commercial sign, it can also be protected by the law of unfair competition. This paper consists of six subject-oriented chapters:Part I: At first, the author analyzes the value and meaning of the intellectual property rights in the advertisement. And then the author further conclude the situation and characteristics of the protection for the intellectual property rights in the advertisement.Part II: the author analyzes the conception and relation of " create new meanings of advertisements" and "advertising works". And then the author further conclude the definition and characteristics of the protection for the intellectual property rights in the advertisement .Part III: from the perspective of the copyright law, the author demonstrates that the advertising works has the essential attributes of art works, meanwhile it agrees with the factors of the object of the copyright law. In addition, we must pay attention to some problems. For example, although the copyright law protects the advertising works, it doesn't violate the principle that the copyright law protects only the expression but not the idea; the content of the advertising works must be true and legitimate, which is different from the common works; the ownership of the copyright of the advertising works is also considerably complicated..Part IV: After considering involved regulation of trade secret both abroad and in our country , the author proves the creations of advertisements that the can be protected by the law of unfair competition, so long as it agrees with the composing factors of the trade secret.Part V: In this part, the author mainly discusses the following problems: while agreeing with certain conditions, the advertisements can be considered as the trademark and thus be protected by the law of unfair competition. The author also analyzes the reasons why the advertisements can be protected by the law of unfair competition.PartⅥ: In this part, the author mainly summarize the intellectual property rights in the advertisements, the author analyzes relationship among the copyright Law ,the business secrets of law and the law of unfair competition .and try to establish the system of the intellectual property rights in the advertisement.