Research On The Dual Protection Of Practical Ceramic Art Works

Following the third amendment of the Copyright Law,practical works of art have been included in the scope of copyright protection.It is a general trend to give dual protection to practical works of art and practical ceramic works of art.As a practical and artistic work of practical ceramics art,because it can be applied to the dual protection of patent right and copyright of exterior design at the same time,how to identify practical ceramics art works in judicial precedents,how to claim rights for dual protection,how to determine and remedy after infringement,etc.,have become a hot topic of discussion,and also become the protection of intellectual property rights of ceramics.The most important hot issues in the field of protection deserve further study,but up to now,there are still no clear legal provisions and effective solutions to these problems,and more efforts need to be made by the theoretical and judicial circles.Based on the above problems and the national conditions of China's development,this paper discusses several issues of dual protection of patent right and copyright in the design of practical ceramic works of art.The general structure is divided into the following parts:Firstly,by introducing relevant cases,it is pointed out that there are dual protection problems of design patent and copyright in practical ceramics works of art and the controversial focus caused by this case,that is,simultaneous protection and subsequent protection.Secondly,the specific legal analysis of the controversial focus,on the basis of the accurate understanding of the concept of practical ceramic art works and the analysis of related concepts,clarifies the real meaning of practical ceramic art works,and puts forward the causes of double protection.Thirdly,through the analysis of the practice of dual protection of practical art works abroad,this paper puts forward the reference for the dual protection of domestic practical ceramic art works and the justification of the dual protection in the development of our country.Finally,it discusses the conditions and methods of tort determination of practical ceramic works in judicial practice,as well as the legal application of double protection,and answers the questions in the first part.From the perspective of Copyright Law,Patent Law and judicial practice,this paper puts forward some thoughts and suggestions on improving the dual protection of patent right and copyright in the design of practical ceramic works of art.