The Intellectual Property Protection Of Works Of Applied Art

Works of applied art are both practical and special works of art, which is one of theobjects of protection under the Berne Convention. The various countries already generallyprovided the intellectual property rights protection to the Works of applied art.whileChina’s legal position on this is unknown. The purpose of this article is to makerecommendations to the perfection of intellectual property protection of works of appliedart through analysis and comparison of China and foreign similarities and differences inlegislation and judicial practice of intellectual property law. This article mainly includesthe foreword, the main text, the conclusion and the acknowledgment.The main text mainly comprised of four parts. The first part is an overview of worksof applied art.The article both defines the basic concepts of works of applied art andanalyzed the characteristics and type of works of applied art by way of definition andcompare related concepts. The second part is a study of the intellectual property protectionof works of applied art, which introduces the overview of the provisions of the relevantinternational conventions and the laws of Western countries. Taking US as representative,the part of is about the protection mode and legal characterization of two issues details ofits relevant legislation and judicial practice, and the article pointed out its shortcomings,which may provide the model reference for our country system consummation. The thirdpart is about the introduction and evaluation of the status quo of the intellectual propertyprotection of works of applied art. The article altogether two lines, one of them is thecurrent situation and appraisal of our country practical artistic work intellectual propertyprotection; second, the judicial practice and appraisal of our country practical artistic workprotection, these two parts of unions of are also the unification of theory and practice. Thefourth section presents recommendations to improve our system of intellectual propertyprotection of works of applied art. This part of are about the analysis of advantages anddisadvantages of single protected mode and the pros and cons of dual protection mode, and pointed out that the establishment of special necessity and feasibility of a single law inlight of the current situation and judicial practice in our country.