Research On Legal Protection Path Of Works Of Applied Art

The works of applied arts is the goods created for people in real life or somethingartistic after they are created. In normal, it is both practical and artistic, and providesconvenience in life. At the same time, improve the quality of people’s life. However,because the lack of relative protection of our legislation in the works of applied of arts,the judicial practice, the protection of works of applied arts is not ideal. Thus, in boththeory and judicial practice, we faced a series of issue. Of all the problems, the mostimportant aspects is about whether it should or not be given and how to protect theworks of applied arts. There are many types of divides on the works of applied arts,while different types have separate ways. That makes the protection of works ofapplied arts in intellectual property law is not very clear. Worldwide, each country hasa different approach to their protection and practices in legislation and judicialpractice. Therefore, in such case, the study about the protection path becomes urgentand important.The paper divided into four parts. In the first part, I mainly illustrate a basicsituation about the works of applied arts, which including the conceptual analysis andsome similar concepts. In-depth analysis the concept and content of the works ofapplied arts is the logical starting point and foundation to study the applied artsprotection. And it also constitute the basis for the writing of the full text. The secondpart describes the relevant international treaties and the nations which has relativelymature protective paths in intellectual property about works of applied arts. We takethe United States, Britain, France, Germany and Japan as examples, as these countriest own a relatively mature protection in legislation and judicial practice. Theinternational protection of works of applied arts is mainly under the internationaltreaties in general. According to different national circumstances, every state makesdifferent provisions. This leads to different protection paths. Then I made a analysisabout the current status of the protections on the works of applied arts, for differenttypes, according to its’ own characters carry out four paths： copyright, patent,trademark law, unfair competition law. Finally, according to the different categories of applied arts and its overall characteristics drawn to two main ways: copyrights andpatents, to those meet the special requirements of works of applied arts we can usetrademark law and unfair competition law. The last part of this paper refers tointernational treaties and some relatively mature paths in foreign. After the analysisabout the current conservation status of our country, put forward a s reasonable andcomprehensive protection path of works of applied arts.