Analyse And Evaluate The Copyright Case That Qiong Yao Sue Yu Zheng

Qiong Yao complained that the copyright case was quite influential in the intellectual property sector.Not only because of the high profile of the parties and the works involved,because of the importance of several issues discussed in the case of intellectual property law.What is the scope of copyright protection? How is the distinction between thought and expression in literary works? What are the criteria for judging the similarity of two literary works? These are the most basic and core issues in copyright law.The copyright protection object is the work that is the originality of the tangible copy of the intellectual results.The case involved in the works as a literary significance of the work to meet the "work" conditions,which is the copyright protection object.But this does not mean that it can be protected in all respects because the protection of copyright law and the expression,that is,only to protect the original expression of the works.This requires us to distinguish the expression of a work and ideas,and the law does not provide us with a specific basis for the distinction.In addition to the abstract test method,there are subtractive test method,pattern test method,functional purpose test method,abstract-filter-contrast test method,etc.,to take different.The method is likely to yield a different conclusion,so the law should determine the different approaches to which the situation applies.To determine whether the two works constitute a substantial similarity,there are judgments based on the choice of applicable issues.In the field of copyright,the most influential and most widely used test method should be abstract test method.Using this test method to analyze the case,we can draw the following conclusions: the plaintiff claims that the circumstances involved are expressed,and constitute a similar situation 9 places.Will the infringing works be ordered to cease the issue? This is another major consideration in this case.Because of the special nature of the cessation of issuance,based on the protection of public interests and the balance of interests of both parties.There has been a judgment that the individual has not ordered the cessation of the infringement to be issued.This is a major advance in the administration of justice,which means that the protection of the works is more rational and comprehensive.Rather than a simple and rude one by one.Therefore,starting from the case,put forward a few suggestions: first,the low proportion of the work of infringement,to stop the issuance of restrictions;second,the introduction of additional conditions to be ordered to modify;third,the multi-party joint infringement should be responsible for the distinction between responsibility size.It is expected to perfect the tort liability system of copyright law in our country.