The Theory Of Architectural Works Of Legal Protection

With the development of building industry, Architectural works there will be others illegal copy and plagiarism, resulting in serious losses to the legitimate rights and interests of the copyright owner, not only hit the creation enthusiasm of the copyright owner, but also more serious impact on the development of city construction in our country, And because of our country’s legal protection of architectural works flawed, and numerous omissions, The legitimate rights and interests of the copyright owner cannot get good protection. Based on the case for the baseline, it is divided into five chapters, and discusses the issues of architectural works of legal protection in China.The first chapter, the problem is put forward, Article at first through the "bird’s nest" serving the fireworks infringement and Hector astra "porsche" in this paper, we explore the problem of infringement.The second chapter, the basic theory of architectural works. First of all, reviews the architectural works are protected by law, the deductive process of further explore the concept of architectural works, and summed up the flaws of the concept of architectural works in China. Second, the related problems are analyzed, such as the scope of architectural works, characteristics, etc.The third chapter, Architectural works of foreign legislative cases. Introduces the different law system of foreign countries to the definition of architectural works, originality,the provisions of the reasonable use way and the way of copying for these countries legal resources legal system for protection of architectural works are discussed in this paper.The fourth chapter, the legislative status quo of China’s architectural works. The author introduces our country current law specific provisions for protection of architectural works,and the urgent need to solve problems existing in the current rules.The fifth chapter, Suggestions of perfecting our country’s architectural works to protect.To the defects of construction works to protect the status quo, put forward how to further perfect the legislation and judicial Suggestions.