Research On The Protection Of The Intellectual Property Law Of TV Program Mode

With the advent of knowledge economy, more and more TV programs appear on the screen. In the TV program sought by the audience at the same time, between the programs from each other and imitate, copy in the television industry. Especially television is It is quite common for some TV Changhong in the "cutback on TV entertainment" standard to individual TV programs with other TV in the competition to strive for higher ratings, at the expense of copyright, the popular TV show the fact that foreign money to buy mode, the localization of foreign successful TV program indeed in the country set off a ratings frenzy, the television some follow some even copied these localized mode of television programs, which set off a small public opinion "especially in the Internet. But this kind of mutual reference, follow the trend of imitation, copying is copyright infringement disputes still exist in the legal profession And in recent years has become a hot issue of research at home and abroad. This study abroad for several years, but about whether television program mode can obtain the "copyright law" has not been a consensus, while in China only stay in the academic discussion, the law does not expressly stated on this. In order to effectively protect the copyright of TV program mode of the legitimate rights and interests, protect the healthy development of the television industry, China’s urgent need to establish a set of legal provisions to protect the copyright of the TV program mode. This article will launch a series of research on the mode of television programs, more intuitive on the status quo and problems highlighted in in theory and practice, and according to the present legal protection is not limited to the copyright law method comprehensively.The main content of this paper is divided into four parts:the first part, the concept first proposed TV program which leads to television program mode and its importance, and then on the TV show three modes of the mainstream definition of "framework""elements""rule theory" to explain, and then cited today slowly spread law recognized by the school the definition of the author’s own understanding on the interpretation of this chapter are the last part introduce television mode of social cultural value and commercial value, so it is necessary to study the value of the study of television program mode value is not limited to the legal protection of the infringement of the legal requirements, more the more comprehensive the legal protection system of the television program mode has social and cultural value and commercial value unlimitedly, create more and more profit space, to the national economy. The exhibition devoted to a force; the second part describes the current situation of intellectual property protection mode of television programs, including the infringement of intellectual property rights protection status and the status quo, that is for the television program mode confusion copyright trading market, China has not yet have the necessary legal norms and protection on the introduction of the TV program copyright today on the television program mode mostly from the protection of copyright law and anti unfair competition law in two, but the results are unsatisfactory, the author presents two serious problems to support the existing television mode of protection of intellectual property law, one is whether it can become the object of intellectual property rights protection, including the copyright law, trademark law, patent law, the two is how to define the TV program between plagiarism, malicious imitation to determine whether the behavior of TV program mode of copyright infringement Third, respectively; lists the typical cases about the protection at home and abroad, foreign television program mode can be divided into two kinds, one is the direct protection mode in the United States and Holland as the representative of the independent copyright protection is directly to meet certain conditions, mode of television programs, two is the indirect protection mode in Germany and as the representative of France, is a television program mode analogy to other copyright object, such as drama, film, literature and so on. Then give the domestic television program mode of infringement disputes, because many cases are not officially filed a lawsuit to the court, there are some reconciliation for this part of the author settle a matter by leaving it unsettled, so more is the infringement events objectively listed, and multi view comparison; fourth, put forward the basic path of intellectual property protection of Chinese TV program mode, From the copyright law, patent law, describes the protection path on the television program mode provided by the trademark law and anti unfair competition law in four aspects. The author focuses on the copyright law for the first part, from the copyright law in the famous "idea expression dichotomy" for TV program mode of application problems the analysis, the author draws the conclusion that the traditional one "idea/expression dichotomy" has not adapt to the rapid development of the TV industry nowadays, protection of the television program mode can "express" the identity of the copyright law. The anti unfair competition law as a supplementary regulations, now TV programs in the object category there is no model is included in the copyright law protection, the protection of the anti unfair competition law for copyright law is essential.