Works Of Applied Art The Protection Of Intellectual Property Research

Applied arts represent "hybrid subject matter", embodying a combination of both utilitarian function and artistic expression, which makes most of its items in the superposition of copyright law and the patent law. This constitutes a huge challenge to intellectual property regimes.This article mainly discusses the methods to solve the problem referred. It is impossible to treat "applied arts" as a whole as a part of other traditional subject theme(such as "the works of fine") for which the intellectual property law has provided ample protection, or as a single subject theme that to be protected by the intellectual law, because "applied art" embodies so many and multifarious items that makes its body hugeness. The writer's opinion is to analyze and to deconstruct "applied arts" first, and then put the parts into their suitable positions of the intellectual law system.The first chapter introduces the definition of applied arts and deconstructs it. Analyzes its three characters, named utility, artistry and originality, and based on the characters classifies "applied arts". This would be the preparation for confirming the legal nature of applied arts.The second chapter discusses the legislation about applied arts in international law scope and in other foreign countries. Because the situation of America is typical, the article will take America as an example and discuss it in details, especially in two points, one is the protection mold of applied arts, the other one is the confirmation of its legal nature. The article also points out its deficiencies. This would be useful suggestion for China.The third chapter drags us back to our own country to see how we solve this problem in the justice practice. Compared with America, it is also discussed in the two points that referred above. The article analyzes the disadvantages of our present justice practice, and it illustrates the aims and direction of the improving of it.In the last chapter, the writer gives her own advises on the topic of how to establish the system of the applied arts protection.There is also an underlying line in this article. The first chapter analyzes the three characters of applied arts, illustrating the basis of deconstruction of it. The second chapter introduces the "separability principle" in the microcosm of America part, with the "quantifiable separability", constitutes the methods of deconstruction. After that, in the forth chapter, we can put the parts that be deconstructed into its suitable position of the intellectual property. Then the system of applied art intellectual property protection is established.