Research On Intellectual Property Protection Issue Of Works Of Applied Art

Practical and artistic is the characteristic of works of applied art, which determines it is at "middle belt" between copyright and Industrial Design. Its legal protection issues have been controversial in academic circle. In 2014, as the revised draft of copyright law first defined the concept and status of works of applied art, research on the basis theory of works of applied art also appears more urgent. Analysis of the concept of works of applied art is the logical starting point and the differences between the works of applied art and related concepts are analyzed in this paper. Through the comparison research, the separation characteristics and principle of independent existence of works of applied art of copyright law of the United States is analyzed, and based on the analysis of the present situation and shortage of protection of works of applied art, this paper provides choose protect mode of works of applied art, the option is given to the holder of rights to maintain the balance of the intellectual property system, and realize the legislative purpose of the intellectual property system. Legal protection scope of works of applied art should be definited, "separability principle" should be established, and "the alternative standard" of works of applied art should be used to judgment of separability in judicial practice.