Intellectual Property Protection Of Works Of Applied Art

Works of applied art is both artistic and practical, and in accordance with theconstituent elements of intellectual works, by the Berne Convention provisions. Thisarticle takes the form of case studies to illustrate the works of applied art ofintellectual property protection related issues. Some countries provide copyrightprotection for the works of applied art; Some provide legal protection for designs. Butour country has not explicitly provided protection against the works of applied art.The authors tires to put forward some useful suggestions on the legal protection ofworks of applied art by means of comparing and analyzing the content of thelegislation and judicial practice of works of applied art between home and abroad,which from the perspective of copyright and designs.This paper includes preface, text and epilogue.Preface is the purpose of writing this paper, by analyzing the current situationand weak points, tires to put forward logical suggestions combined with foreignexperience, copyright and design patent benefits in the Copyright Law to modify theoccasion.The first chapter describes the concept and characteristics of the works of appliedart, which is set in a practical and artistic, and meet the requirements of intellectualcreations works. The works of applied art and art works are two mutually independentobject protected by copyright, novelty of works of applied art design patent protection can be obtained. Works of applied art can be used both copyright protection mode andcan use the design patent protection mode.The second chapter discusses the works of applied art of copyright protectionmode. The works of applied art has originality is one of the conditions protected bycopyright, the other condition is the works of applied art’s artistry and utility can beseparated. Different types of works of applied art should be given a different standardof originality.The third chapter analyzes the works of applied art of design patent protectionmode. The works of applied art’s design patent protection is feasible throughInternational conventions and foreign legislation as background, but design patentprotection period and the scope of protection have limitations Compared withcopyright protection mode.Chapter IV presents the legal protection of works of applied art theory, Includingcopyright protection, Copyright Law and designs dual protection and singlelegislative protection. The authors believe that Copyright Law and designs dualprotection has more advantages. Recommendations can be taken to ourcopyright-based, supplemented by a design patent protection.Chapter V is the conclusion. Elaborate works of applied art’s two kinds ofmethod of intellectual property protection mode, base on the balance of rights andinterests of the community, think works of applied art should comply with artistry andutility can be separated and originality premise, take copyright-based, supplementedby a design patent protection is more reasonable.