Intellectual Property Rights Protection Of Television Program Formats

A television program format is an original innovative structure or framework that is composed of a series of inter-related elements and can be used as a model to produce a particular television program. With the television industry booming, the licensing of television program formats is a huge business, generating billions of dollars worldwide. However, the legal status of Television formats is still unclear under the current law so far. As a new kind of intellectual achievement, Whether or not television program formats are inside the protection of intellectual property laws is lack of theoretical argumentation. In view of the enormous economic value of the television program formats, the subject has a great research value.The thesis analyzes the basic conception of television format, and reviews the domestic and international judicial practice to reveal the actuality and difficulties of protection for television program formats worldwide. Based on this, Two core problems in research has been summarized:(1) The legal status of television program formats under intellectual property laws;(2) The rationality and strength of intellectual property rights protection.Mainly focused on solving the above-mentioned problems, the thesis analyzes and argues based on the development of television program formats industry and the principle of "innovation priority and give consideration to communication", drawing the following conclusion:The television format is a composite of Intellectual property. The protection of the television format shall be based on the copyright law complementing the trademark law and patent, and establish a three-dimensional protection system. If Intellectual property laws provide effective protection to the television format, it will be helpful to change the behaviors of the relevant interest groups and will be of important economic significance. However, the weaker protection of intellectual property rights will lead to the more plagiarism, and an innovator will be hard to realize his benefits and his innovation enthusiasm will be reduced. Hence, from the perspective of the development of China’s Television program formats industry, the protection of television program shall be strengthened to encourage innovation and improve the innovation level, and contribute to build a virtuous circle of "innovation-export-profit-innovation".