Legalprotection System Construction Of Usefularticles In China

Useful articles, as a “intermediate object” between copyright object andpatent object, the issue of its legal protection has always been controversialaround the academic field.At the theoretical level, this thesis begins on the logical starting pointwhich is logical distinction between “useful articles” and “works of appliedart”, mainly focuses on some basic theoretical issues about useful articles.Included are redefinition of “works of applied art”, characteristics analysisof useful articles, identification of the originality degree of works of appliedart, logical distinction between useful articles and certain neighboringconceptions such as “fine arts”,“arts and crafts” and “industrial design” aswell as the determination of “intermediate object” for useful articles.At the practical level, by analyzing the current situation and weakpoints of legal protection for useful articles in out country, this thesisprovides some suggestion to perfect the system. At first, the range of legal protection for useful articles should be expanded to some extent. Secondly,regarding the choice of protecting mode, the pattern of “multiple protection”must be abandoned. Finally, in the design of specific regime, reasonableclassification system should be established as well as registration regimeshould be perfected.