The Legal Protection Of Architecture Work

Architecture work is the work protected by the copyright law of China mended in 2001, since then, various cases of architecture work infringement continuously appeared, along with a lot problems and disputes appearing in the hearing process, highlighting the imperfection of the architecture works'protection and low-level understanding to it. At present, it is very significant to the legalization and judicatory practice of architecture works'protection to enhance the research of law.This paper tries to enhance the understanding to the architecture works'protection and provide relative reference to the judicatory practice, by analyzing the universal and representative issues reflected by the"Porche case"and other relative cases. It is very necessary to strengthen the understanding to the particularity of architecture works, for using the regulations in the judicatory practice correctly.This paper is divided into five parts, linked by the case, discussing the relative law issues about architecture work's protection.Part1 is mainly about the brief introduction of the case, the dispute of the two parts during the first and second hearing, and the relative issues shall be discussed in the paper. Part2 is mainly about the definition of architecture works. Explaining the essence of the architecture works and figuring the problems of the relative regulation in the copyright law of our country; giving architecture work a proper definition, range, characters on the reference to domestic and international experience. Part3 is mainly about the specialty of the personal right of architecture works. Explaining architecture works, as a special object of copyright, having some particular issues on the personal right of architecture works; publishing right, how to identify the publishing; the exercise of the signing right and the amending right before and after the finish of the architecture. Part4 is mainly about the specialty of the property right of architecture works. The copy of architecture works is different form the copy in usual meaning, having its particularity. And the regulation about copy in the copyright law of China has some limits. This part pays more attention to introduce the different forms of copy and the way of protecting. The deducting right of architecture works also having its particularity, its deduction are structure drawings and constructing drawings and so on. The protection of the deducting right of architecture works is very important to fulfill the benefit of the ownership. Providing the judging means and reason whether the use of the architecture works is proper, also as reference to the judicatory practice. Part5 is mainly about the civil liability of the infringement to the architecture works. Explaining the ways of duty-bearing and reasons after the infringement happened. The issues should be noticed in practice as to the special object---architecture works.