Research On The Copyright Of Product Specification

Product specification is the important "tool" needed frequently in our daily life.With the enlargement of the market economy competition,the role of the product specification has not only been confined to the simple introduction and guide the rational use of consumer products.Merchandise manufacturers reach their wisdom to the product specification which seems insignificant usually. When manufacturers put their manpower,material resources and financial resources into product specification,they had protection consciousness of the results and rights.It causes us to think deeply about the different judgment on the typical product specifications copyright dispute and drug specifications copyright dispute.And there has been a wide range of controversy in the theory and practice.As a special form of product specification,medicine specification’s copyright is the most controversial.The supreme people’s court and the standing committee of the National People’s Congress consulted to the society on "Knowledge about product specification whether judicial protection of copyright and clear related legal boundaries should be taken" in 2012.People from all walks of life participated actively in discussion and their opinions differed from each other.With the importance of the product specification strengthening,the problem of its judicial protection seems to be solved urgently. Product specification this particular text results,can be protected through the protection of anti-unfair competition law,as a kind of property interest rights,and it can also be incorporated into the category of copyright protection.By comparing the two protection modes’pros and cons,we can know that copyright protection is the most appropriate.In fact,determinant of whether product specification shall be protected as work or not, is the understanding and grasping of a work’s originality.Originality is the core and substantial element of the work affirmation,and it’s also such kinds of cases’ focus.However.our country’s laws.regulations and judicial interpretations of the supreme people’s court don’t defined "originality" clearly.ln judicial practice, most of judges often make the judgment according to the specific details of the cases and their own understanding of the original discretion, which can cause confusion of judicial order.Based on the abstractness and subjectivity of "original", the judgment standard of all can not be very accurate.But to make a relatively clear rules which can be followed is necessary.only in this way can lead to infinite close to the justice.The explanation for originality in Continental law system and Anglo-American law system develops more and the copyright system in more perfectly in the judicial practice.Both the author rights system in Continental law system and the copyright system in Anglo-American legal system, can be made reference on the judgment of original standard in our country.To summarize the main points from the academic circle,there are three standards.First of all,the work must be done independently.Secondly,it should possess a minimum of creativity.At last,it should be expressed in different or not completely the same way with other works.From the generation of production process of product specification, its forms, etc.It conforms to the above standards including medicine specification.Although the product specification are mainly expository,and its creation space is much limited.Even so,the space exists,and the law should affirm the possibility of its originality.Because of its special features,the rights and restrictions on product specification differ from other ordinary works.