Research On The Intellectual Property Protection Of Advertising Creative

As a booming industry sector in modern society, creative industry hasgained increasingly more attention from all over the world. Meanwhile, creativeindustry parks have been established in some large and medium-sized cities inChina as well. And advertising, as a pillar component in creative industry, sees arapidly development within these years. Obviously, a brilliant advertisementcreativity plays a vital role in succeed of certain advertisement, which means thecreative advertisement ideas are the core competitiveness of a company on abusiness level. In China, the legal system of intellectual property rights protection,especially for advertisement creativity, is concerned as rudimentary anddefective; therefore the further development of the advertisement industry hasbeen restricted by the defection to a certain extent. Aiming at this problem, thepaper tried to build a proper intellectual property rights protection systemof advertisement creativity through the analysis of current situation and basedon the literature review of the existed argues both in China and overseas.The first part of this article is an overview of creative advertising, includingadvertising creative concept, features and advertising creative significance. Advertisingcreative advertising production through creative thinking or unique technical approachto advertising works design a program different from other advertising works. Becauseof advertising creative forms, and the rights of vulnerable and diverse manifestations，advertising creative need a multi-level and multi-angle system of intellectual property.The second part of this article is a summary of the current way of advertisingcreative intellectual property protection, and pointed out the inadequacies of the existingprotection. The existing protection according to the summary of the author, include: theprotection of intellectual property laws, rights holders own circumvent the protection ofthe law against unfair competition and the administration to protect four aspects.Existing protection there are certain defects, including four points: First, China’sintellectual property system more perfect, but the relevant provisions of the advertisingcreative is not clear, practical difficulty. Copyright law for creative advertising isaffected by non-specific protection provisions; Second, the rights holders to avoid therisk of difficulty, contract law’s protection only for a smaller relative of the contract, the scope of protection; Third, trade secrets law protection system is not complete, thedeterrent effect of violations.The third part of this article is the advertising creative intellectual propertyprotection recommendations. Established under the two principles concern enterprisesand combination of conditions, I put forward a four-point proposal, are as follows: First,the existing intellectual property law system as the core of the Copyright Law to perfect,and the establishment of trade secret protection law system; second, to improve theadministrative level, speed up institutional innovation. Promote the creative enveloperegistration system, to improve advertising censorship and the establishment ofcorporate integrity rating system; Third, the development of industry associations andintellectual property intermediaries; Fourth, give full play to the cluster advantage of theindustrial park, services to enterprises and strengthen the protection of intellectualproperty consciousness. Advertising creative intellectual property protection requires amulti-angle, multi-level three-dimensional protection system to establish. Theestablishment of this system is a long-term process, in this process of legislative bodies,administrative departments and enterprises collaboration.