The Protection Of Copyright In Works Of Applied Art

Works of applied art is the product of the material civilization development, there are many works of applied art in our life. Both handmade works of applied art and industrialized production are stained with maker proceed from the intellectual achievements.In this paper, starting from the characteristics of works of applied art, then to discuss the the protection of copyright of works of applied art. And how to solve the conflict between Copyright and Patent right.Works of applied art are specified in the Berne Convention,but there is no specified in our Copyright Law.Works of applied art have both practical and artistic usability. If you can’t separate the two qualities, some works of applied art will not be protected by copyright law,it is not a good thing to the writer.But if you use copyright and patent right at the same time,it will have overlapping rights impede the industrial progress.So how to protect the right of works of applied art’s author and keep balance between intellectual property and promoting industrial progress is a focus of the scope of copyright protection. Based on the result of the difference between works of applied art and similar works, Outlines the scope of works of applied art itself. While through the experience from abroad to discuss works of applied art in the patent and copyright to choose which model is quite reasonable.The first part of the article is an overview of works of applied art. Compared the works of applied art properties with other similar works, we can clear that works of applied art as an independent protection object being necessary. This is also the progress of copyright legislation we needed.In the second part, the paper proposed the protection of works of applied art in the copyright law in our country is not perfect yet, and put forward to clear the works of applied art is a single type of work in the Copyright Law.The third part is the concrete construction of the works of applied art copyright, separation theory in works of applied art is the core issue of copyright protection. Separability principle is derived from the case, and through the concept of physical separation with detachable concrete analysis on the separation principle is divided into practical and artistic quality of important standard, but in the concrete used in the process of separation methods are flawed. We should standard, to protect the legal interests of copyright law behind the jurisprudence theory for the idea, the separation of practical works of art two properties in a specific problem specific analysis.Finally, through summarizing the works of applied art separability, double or single protection mode analysis of the pros and cons, clear the scope and degree of copyright protection of practical works of art, from the big background of copyright and patent rights, coordination of practical works of art on the legal protection of logic.Improve the law to the legislation of practical works of art in China, build a scientific, equal protection mode.