Research On Legal Protection Mode Of Works Of Applied Art

The thesis bases on the litigation between ChowTaiFook Jewellery and LiJin Jewellery Co.,LTD infringed works dispute as an example, leads to the issue of works of applied art’s definition and legal protection. The character of works of applied art holds both the practicability and artistic quality, which determined fuzzy doublication area with pure art works, crafts art works, industrial designs. Works of applied art have the duality of the characteristics,so that some of works of applied art can achieve protection requirements the works of the Copyright Law, also to meet the conditions to be granted a design patent. At this time, there have been whether its dual protection of different view in the theorists, but the professional quality of judges uneven cause the result that similar cases may be a different outcome of the trial in the judiciary. The paper, through the relevant international treaties and comparatively analyzing to legislation of several typical foreign countries, and combining with stage of legislation and basic national conditions in China, intends to seek the most suitable for China on the protection of works of applied art.There are five parts of this article.Part I is divided into the introduction of case. This section briefly describes the basic situation of the case and the court decisions, and puts forward the issues that exist in practice based on the content of verdict.Part II is divided into the concept and character of works of applied art. through the concept of works of applied art to define, this part discriminate art work, crafts art works, industrial designs ties and distinction with works of applied art, further clarifies the scope of the article.Part III is divided into international conventions and foreign legislation comparative, It shows rules and characters to works of applied art in The Berne Convention, Trips Agreement, Paris Convention and England, America, France. The purpose comparatively analyzes to set up the protection system of works of applied art in China.Part IV is divided into the legislation and practice of works of applied art in China. The paper respectively discuss of current legislation and judicial practice from theoretical and practical view, and identify deficiencies and controversial in order to pave the way which establishes the protection mode of works of applied art.Part V is divided into the consummation of works of applied art protection system, basing on discussion and research from Part I to Part IV, to establish the protection system of works of applied art.