Intellectual Property Protection Of TV Program Formats In International Trade

The television program template is a newly sprouted thing that has emerged with the development of TV variety show in recent years.It is a process and framework for the operation of television programs also a complex composed of various elements.TV program templates are original,relatively fixed,reproducible,and economically and culturally dual attributes.In recent years,television program templates have emerged as an emerging object and have become more and more active in the international trade arena.The successful TV program templates have been sold to the rest of the world as cultural products.China has also introduced a large number of program templates to promote the development of China's domestic variety programs that have just started.The international trade of TV festival program templates has become more and more scaled up,and corresponding industrial chains have been formed.However,due to the limitation of the principle of “thinking and expressing the dichotomy method”,TV program templates do not theoretically fall within the scope of protection of intellectual property law.Corresponding to this,regardless of the level of international treaties or our country's intellectual property law,the protection of TV program templates is still blank.This is not only inconsistent with the development requirements of the TV template industry,but also violates the original intention of the legislation of intellectual property law.For one thing,the trade of TV program template is increasingly frequent,for another is the relative lack of protection of TV program templates in the intellectual property legal system.The contradiction between the industrialization of TV program templates and the lagging of laws has become increasingly prominent.Whether the TV program template should be protected by intellectual property law and how to effectively protect it become a matter of general concern to the media and jurists.Countries have different attitudes towards whether TV program templates are covered by the scope of intellectual property law.Some countries use closed-end legislation to deal with the United Kingdom,France,and New Zealand;others use open legislation,such as The United States and Brazil,and other countries have also resolved disputes over TV program templates through anti-unfair competition laws,such as France.In view of the rapid development of television program templates in international trade and the contradiction in their legal protection gaps,the author explores the path of intellectual property protection for TV program templates from both international and domestic law.The status quo of the television industry being sued tried to give reasonable advice.This article mainly discusses the legal protection of TV program templates through case analysis methods and comparative analysis.Based on the logic of finding problems,asking questions,analyzing problems,and solving problems,this article is divided into five parts.The first part discusses the meaning and characteristics of TV program templates in international trade.Through the research of domestic and foreign scholars and the definition of related organizations,the concept of television program templates is defined,and the characteristics of TV program templates.Introduces the development process of TV program templates as an emerging thing on the international trade stage,and expounds the necessity of protecting the intellectual property rights of TV program templates.The second part,this paper adopt a typical case analysis of the status of the protection of television program template and analyze the difficulties of intellectual property protection from the legal principle,legislation and judicial practice and other aspects of the television program template.The third part explores foreign attitudes and protection models for TV program templates through foreign judicial practice.The fourth part analyzes the problems in the introduction of TV program templates in China and the practical difficulties of IP protection.Finally,the protection of intellectual property rights of TV program templates was discussed from two aspects of international law and domestic law.