Copyright Protection Of The Works Of Applied Art

A draft is amended to the Copyright Law of the People's Republic of China the article 3 clause 9 " works of applied art, it is to point to toys, furniture, accessories and so on, practical function and aesthetic significance of plane or three-dimensional modeling art.” Practical works of art should be practical, artistic, ingenuity and replicable. In China,up to now,there is no clear legislation make the works of applied art as the object of copyright protection, it also brings obstacles for our country judicial practice is growing. This article takes the form of case analysis and comparative research, discusses the protection of copyright in works of applied art, clear the condition of practical works of art were included in the copyright protection and its range is protected by copyright.The article start from the concept of clear the works of applied art, and the originality of the works of applied art, can be copied, practical and artistic elaborates the four characteristics, and then to below the protection of copyright in works of applied art in our country's judicial practice present situation analysis. And then analysis collected by case in recent years and summarizes early classic case of a total of 23, it is concluded that the judicial practice in our country, there are two significant problems in original judgment criteria the one is a fuzzy, another is not every case of artistic quality and practical do determine whether separable. The first problem, there have the original height of the judgment standard from the two aspects of independence and creativity combined with case analysis, and then the original ascertained of Anglo-American law system and continental law system comparison research, finally it is concluded that should be set for works of applied art originality judgment standard one to follow the copyright law to stimulate product innovation and essence of maintaining the fair competition in the market order special standard point of view. Works of applied art to the United States many theories to analyze the pros and cons exist separability, absorb its advantage and combining our country concrete national condition to design the works of applied art is practical and artistic design standard of subjective and objective combination, providing the solid guarantee of the and protection of copyright in works of applied art in China.