A Study On The Legal System Of Practical Art

Put forward by the national copyright administration in March 2012, copyright law modification draft, increase in the reasons about the provisions of the practical works of art before modification draft, our country current law only protect the practical works of art of foreign citizens, for their citizens practical works of art are protected by the law did not make clear a regulation, ambiguity in the legislation make practical works of art and art in the judicial practice difficult to distinguish. Our country is a member of the Berne convention, should follow the basic principle of national treatment, will practical works of art as the object of protection of intellectual property rights protection, the domestic and foreign citizens treated, giving its citizens equal protection. Due to the protection of practical works of art mode, international treaty only for the legal protection, as to what protected mode, shall be formulated by the member states in its domestic law. Of the protected mode practical works of art to take carries on the discussion, this is the main purpose of the selected topic.This thesis mainly from four aspects discusses the legal protection mode of practical works of art, the first chapter mainly introduces the basic legal issues of practical works of art, for the following discussion on the mode of practical works of art to protect, by analyzing the difference of the concept of practical works of art and edge, clear and practical works of art the characteristics of the combination of artistry and practicality. In addition, illustrates the value significance of protection of practical works of art, historical evolution, to highlight the rightness and urgency of protection of practical works of art. Through the concept of practical works of art and its edge to concept, can be more clearly grasp the concept and theory of practical works of art essence, to distinguish it from other concepts, no longer confused, to demonstrate the practical works of art has its own particularity, due to have a combination of practicality and artistry in combination with characteristics of the creative process also accord with the original characteristic of work of copyright law, should be given the copyright protected by the law. The second chapter mainly of practical works of art from the following countries to domestic law to protected mode and evaluation, in order to choose the better model to protect our country practical works of art. Protection mode of the typical countries and the international convention on the protection of the rules for analysis, such as the dual protection of the French model, selection of the protection, the United States of "separation characteristics and independent existence" principle, special industrial copyright law in Germany, Japan single protection mode the five typical protected by the state, on the basis of these studies, select the optimal model, and then combined with the international convention, according to the national treatment principle, legal protection of intellectual property rights should be given the practical works of art. The perspective of the third chapter to shift from domestic law to international law, through the international treaty to illustrate the practical works of art has experienced a process of never to protect, but the convention of the protected mode, practical works of art to take no mandatory provisions, member states just according to their own specific national conditions of practical works of art to provide protection. The fourth chapter mainly discusses our country’s current legislative situation, the judicial status quo and existing problems, due to the lack of legislation in our country at present, our country civil works of applied art didn’t get good protection in the judicial practice, specific to did not specify what kind of legal protection mode, there are cases in the judicial practice to into practical art works to art, visible court did not pay attention to the difference between the two in the judgment. After path analysis, put forward the protection mode of reform in our country can better protection of rights and interests of the holder of the practical work of art.