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Theory Of Copyright Protection Of Font Character

Posted on:2014-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhangFull Text:PDF
GTID:2296330425979264Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
China’s Chinese character is the social public to freedom of expression and the importanttool of cultural exchange, and closely linked to our daily life, has a very significant impact. Inrecent decades, with the rapid development of computer technology, font industry rapid risearound the world, font business is booming. However, font industry in China is into thedeclining stage, one of the important reason is that China’s intellectual property law withoutgiving good protection to the character font, particularly in the protection of character words.Practice and theory on character word as to the protection of intellectual property rights veryfierce debate and discussion.Aiming at the above problem, the paper starts from the controversial case---founder v. P&G "Rejoice" font infringement case, combines with China’s copyright law and the its draftamendment, and makes a profound analysis and discussion of whether the font word can beused as art works and put into the protection of copyright law.This article consists of five parts, a total of about15,000words.Part I: The part introduces detailed case of founder v. P&G "Rejoice" font infringementcase, the verdict of court of first instance and second instance. After a comparative analysis ofthe verdict of the court, the paper raises a question, namely whether font word can be used asa work of art and put into the protection of copyright law.Part II: The part first defines related concepts of the font character and the relationshipbetween these concepts, then analyzes the relevant legal provisions about the protection offont character all over the world, in order to carry on the discussion of the character wordprotection under the copyright law afterwards.Part III: The part analyzes the current situation of dealing with font character word tortcases in China. By combining with the judicial practice in China, the lack of legislation, thelack of legal protection, contradiction of the court judgment, and the non-unity-based justiceare obtained. Furthermore, the paper discusses the necessity of font character word undercopyright protection from three aspects development of font industries, the development offont market in domestic computer, and the international development trend.Part IV: The part is mainly aimed at controversy over dealing with the font characterword tort cases, and carries on a thorough analysis. For the font character word tort cases in our country, the paper concludes that the controversies over whether the font character wordcan be used as works of art and put into copyright protection, the affirmation of shoppers,implied licensed behaviors of legal font character products, whether the protection of fontcharacter word influences the public interest and further discusses these controversies.Part V: The last part is combined with the relevant legal provisions on the protection ofthe font in some countries and judicial practice, presents some suggestions on the China’sintellectual property rights protection of font character word through my study.
Keywords/Search Tags:font character, independent completion, creation aesthetic value, implied license
PDF Full Text Request
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