Study On Legal Protection Of Works Of Applied Art

The works of applied art, which can beautify life and has great value on practicability and artistry, has realized the harmonious unification. However, owes to the legal protection vacuum appeared, the protection condition in the judicial practice is not so optimistic. In recent years, it appears a series question of whether and how to give protection on works of applied art.The question is not only a difficult problem which China meets, but also a world difficult problem. Most countries in the world give the different protection mode for this kind of object is in the copyright and the patent protection intermediate zone.In addition to preface and epilogue, the thesis falls into four chapters. Chapter One carries on the thorough analysis to the connotation of the works of applied art, introduces the definition of works of applied art by means of defining and comparing relative notions, which is necessary to demonstrate practical and artistic nature and is logical starting point of this thesis. In Chapter Two, it introduces the standards of International protection for works of applied art, take the U.S, France, Germany, England and Japan as examples. As a result of international convention's broad stipulation as well as the different understanding of concept of works of applied art, the protection modes are so different in different countries. Chapter Three carries on the present situation on protection of works of applied art, analyzing some illustrative cases. Chinese relevant law still keep unclear attitude and haven't give effective protection for works of applied art. In the judicial practice, the Creator depends upon the copyright law, the patent law and so on to be possible to obtain the certain extent of the protection, but simultaneously also has many problems and malpractice. Chapter Four is about the suggestion on protection concerning works of applied art. We should construct a proper system to protect the works of applied art. Take account of our country's realistic national condition and the legislative system, as well as the advanced countries'legislation and judicial experience, attempts to make ponders to the protection of works of applied art, enables them to obtain the effective protection.