Intellectual Property Protection Of Works Of Applied Art

Thesis based on the litigation between Inter-Ikea and Zhongtian Plastic Co.,LTD Co.,LTD infringed works property dispute as an example, leads to the issue of works of applied art concept and legal protection. The character of works of applied art holds both the practicability and artistic quality, which determined fuzzy doublication area with Pure art works(only to be appreciated). Industrial designs(both practical and artistic and must match the patent law on the novelty of the features). Utility model(may contains artistry but the patent law protects the technical scheme and practical composition only).crafts(Artistry, some also has practicability).by the reason of that, there are overlaps of industrial designs conditions of works of applied art which not only conforms the copyright law but also the patent law causes the empty at the protection of works of applied art can not separate from practical and artistry for now in our country. It's necessary to build the protection system of works of applied art, make up the double protection of the copyright law and industrial designs to the coverage of works of applied art object and a certain choice of a holder, in order to solve the contradiction in the existing framework of intellectual property law, based on that it needs to formulate the solution mechanism of conflict to eliminate the overlap and contradiction of the two kinds of protection.There are six parts of this article.Part I is divided into the introduction of case, this part describes the situation. focus of each other and the decisions of court, regard as the foundation, the discussion of following part will focus on the problems in this partPart II is divided into the concept and character of works of applied art, explain the concept of works of applied art cleared the relationship and difference of several related concepts (art works, industrial designs, crafts, utility models), step further to define the scope of this article and the detailed analysis of character of works of applied art, in order to explore the legal protection.Part III is divided into the necessary of the intellectual property protection of works of applied art. Based on the legal basis and practical needs, analysis the importance and urgency to formulate scientific and complete legal protection system of works of applied art. Part IV is divided into international conventions and foreign legislation comparative, It shows《The Berne convention》and the rules or characters to works of applied art in England, America, France, as an important reference to set up the protection system of works of applied art in China.Part V is divided into the legislation and practice of the intellectual property of works of applied art in China. Point out where the problem is by analysis the legislation and practice.Part VI is divided into the consummation of works of applied art intellectual property protection system, based on Part I-V, put forward the ideas and arrangements to the protection system of works of applied art.