On The Legal Protection Of The Name Of The Work

In recent years, the disputes involving the title of a work emerge in china repeatedly, which not only makes the commercial space of the work itself compressed, but also does do harm the innovation of copyright holders. In the paper, the title of a work as the special existence has been discussed from theory to practice from the perspective of law’s positive effectiveness.In theory, the new concept of “copyright spillover benefits”has been put forward firstly after referring the different scholars’ views of the legal protection of the title of a work, which based on the fresh definition of the work name. And then, the constructive view of relative legal protection on the title of a work has been proposed, which based on both the urgency and the restriction of the name ’s legal protection.In practice, the author tries to analyze the trial thoughts of the judge groups and reveal the special attitude toward the legal protection of the work ’s title by listing some domestic typical cases concerning the disputes of the title of a work in years. In addition, the personalized comments focused on theirs behaviors was made afterwards.In the system construction, the relative legal protection of work ’s name was expounded orderly from the Principle,Scope and feasible Measures, which complies with the domestic juridical practice, meanwhile, coincides with the positive parts of the external legislative practice.