On The Legal Protection Of The Signed Interest

In the Hunan Yue-wen Wang v. Hebei Yue-wen Wang and other infringement of copyright, unfair competition disputes, no matter the defendants' behaviors belong to what kind of infringement act, the nature is the violation of the interests of the plaintiff's authorship. The focuses of dispute in the case are all around on the protection of the interests of authorship, no matter whether the defendants infringe the copyright or what kind of law adjust the defendants' behavior. Take the case as a clue, the article tries to do a preliminary study on the legal protection system of authorship by disscussion of several relevant law systems. And based on which the author focus back to the points of dispute and do the case analysis. The main contents of the article are as follows:The 1st part: Brief introduction of the case. The plaintiff Hunan Yue-wen Wang is a famous writer and has a master work "Guohua".While the defendant renamed "Yue-wen Wang" published a similar kind of work signed "Yuewen Wang".The judgement ruled that the defendants don't infringe the copyright of the plaintiff, but do violate the Anti-unfair Competition Law.The 2nd part: The article studies signature and the interests of authorship in the form of theory combining with practice. Signature is the link between authors and works. Authors show their author identify to the others through the signature. The signature itself represents a kind of spiritual interests, which distinguish the author from each other per the reputation. The signature plays a key role similar to 'trademark' in the market, which is the key for authors to gain property benefit.The 3rd part: Right of authorship is the most basic rights to protect the interests of author, with which the author can decide to sign in works and prohibit the others to interfere with the rights. The copyright law also adjust false attribution of others, which leads to discussions on the nature of false attribution and the infringement of copyright. The author considers the provision mentioned above slightly improper.The 4th part: The right of name and reputation in a sense play key roles to protect the spiritual interests of author, and they are aginst false attribution to some extent. But the right of name may cause the exemption of false attribution, then contradiction arises.The 5th part: The property benefit of authorship attribution is mainly from the cultural market. The anti-unfair competition law adjust the behavior of market competition. The false attribution infringes the property interests of the authorship attribution and accords with constitutive requirements of unfair competition so that it is adjusted by the anti-unfair competition law.The 6th part: Based on the understanding of the authorship legal protection system, the article analyzes the focuses of dispute again and draws a conclusion that the defendants' behaviors are defined as false authorship attribution which leads to unfair competetion in nature and shall be adjusted by the anti-unfair competition law. While according to the analysis of the case, the defendants' acts don't infringe the right of name and reputation..Finally, By making a summary of what learnt from the case analysis and the study on relevant legal problems and his own understand of the relevant legal protection system, the author hopes to have a more clear understanding and improve the ability of case analysis and study at the same time.