The Protection Of Originality By Intellectual Property

With the rapid development of creative economy,the creative industry has become an important way of promoting the level of economic development,it’s important to the pattern of economic development transformation.The protection of originality is imminent. However,how to give originality define, different scholars have different views.Many people said that originality belongs to the category of thought, and thought belongs to the category of the public domain, giving protect to originality will interference the legitimate rights and interests of the public domain.By the same token, the current law didn’t give the corresponding protection of originality. Artist’s legitimate rights and interests cannot get legal recognition and protection, creative passion are badly affected, and it will constrain the development of the creative economy.Originality is not the object of the current intellectual property.Under thought expression dichotomy principle, only the expression of works will be protected, copyright law does not protect ideas themselves. Originality is the prototype of the works, it’s not a pure thought, but also not completely into the external expression. The objects of trademark law and patent law is also have certain conditions. In discussing how to protect originality with intellectual property, firstly,it should be defined clearly, and find out the relation of the object of the current intellectual property, put forward ideas under the protection of intellectual property rights barriers; Then, from the perspective of jurisprudence and economics, analysis the necessity and feasibility of originality to be protected by intellectual property. Finally, draw lessons from foreign experience, put forward method for originality being protected with intellectual property.