Study On The Legal Protection Of Works Of Applied Art

Works of applied art,as a unique items with more and more concern, in the development of the social economy and the theory and judicial practice attract a lot of attention.With practical and artistic nature,Its unique characteristics make the controversy about it has no stop.In the tidal current of the copyright law modifying,the works of applied art also seems to have a conclusion-----be one of the art-work protected by the copyright law.But this is not easily solving the problem of attribute and legal protection of works of applied art,there are still many problems and loopholes and gaps in the field waiting for us to solve.The purpose of the legal concept of the works of applied art and the related interpretation of the situation analysis, put forward specific measures for the legislation and practice in the process of China’s legal protection to make up for the deficiency and blank space of the works of applied art, in order to do what little one can to help for the construction of legal system for the protection of practical artwork.This article analyses with the four part progressive ladder,The first part analyzes the concept and characteristics of the works of applied art, in the premise of the works of applied art are analyzed, and the work of applied art and other related concepts are compared, in order to understand the true concept of the works of applied art in theory;The second part from the legal protection of international conventions and foreign the works of applied art to start, through the International Convention and the international law offoreign the works of applied art, are analyzed and compared, providing valuable experience for China’s intellectual property rights protection of works of applied art;The third part into the country from the international perspective, on China’s current legal protection of the works of applied art patterns are analyzedand listed on China’s current legal protection of the works of applied art, the analysis of the current situation;The last part is the legal protection of the wo-rks of applied art in China and put forward the concrete measures of legislati-ve and judicial practice.In order to better train of thought in this article elaboration, this article us-es the comparative analysis method, literature research method and case analysis method. By using these methods, the paper can combine the theory with thepractice, infer other things from one fact twice the result with half the effort.Through this article shows the better protection of the works of applied ar-t, the works of applied art into the protection of the intellectual property law(Art threshold should be raised in height); and in the legal protection of the works of applied art in China should adopt the mode of the protection of the c-opyright law, the appearance design patent law as a supplement, in the judicial practice more in the complex, there are other laws such as the trademark law, anti unfair competition law and other department law to carry on the conc-rete operation of protection of the works of applied art.