| The third revision of Copyright Law and the forth revision of Patent Law involve lots of articles.The two laws above-mentioned adjust respectively some content about works of applied art and industrial design in this revision,which will intersect with each other when they are studied in context of articles of applied art.In general,the revision will enhance the protection of articles of applied art.According to the current revision,two laws have no intention to make legislation independently on articles of applied art or select one way to protect it.Rather,two laws both make adjustments on their own target,which results in some problems,including that some clauses lack of clarity and need to be explained further,and that this revision doesn't feed back on some practical problems efficiently.Based on these problems and analysis about the revision of some articles,this essay l proposes some suggestions to improve the two revisions on articles of applied art.This essay consists of six parts.First part figures out that the concept,articles of applied art,includes works of useful arts and design on the basis of analysis about background,including theoretical and practical,of revision of two acts.It's obvious that the concept,articles of applied art,belongs to wide frame commonly.When defining fundamental concepts,it's obvious that there is possibility that the two concepts,works of useful arts and design,will overlap with each other,which is the key point of this essay and what this paper probes into.Also,this part will introduce the development and practical problems of articles of applied art internally and abroad,which will serve for the explanation of the necessity and significance of protection.This part also refers to the origin about how legislation opts to protect articles of applied art,by which we will understand the aim and motivation of legislation.Second part introduces the modification of some terms on articles of applied art in Copyright Law and Patent Law.On the basis of the comparison between existing provision and revised provision,we'll find the law's intention which should be pay attention to so that this part will act in cooperation with second part and make foundation for the following analysis.On account of modifications above-mentioned,this part makes analysis further and judgment.This part,after the specific modification inferred to,accounts for the improvements and disadvantages of this revision,and points out several important problems which need tobe explained further at the same time in view of the legislator's considerations.Third part of the essay gives a presentation about international and foreign experiences on protecting articles of applied art which will direct our legislative work,mainly including some experiences of developed countries in west world.This part includes accountants of some important international convention and foreign practices so that the current revision can get some inspirations.Forth part proposes some suggestions to improve this revision,which bases on the foundation of analysis above.This part tries to consummate this revision through strengthening the coordination of two laws by modification,without changing the current frame of two laws on articles of applied art.The last part is about conclusion of this essay.Compared to the current background in connection with this revision,we will find the importance of protecting the articles of applied arts.On the basis of above-mentioned contents,we should lay stress on the basic theory about articles of applied art,of which we lack the legislative work will suffer.The significance of legal revision lays on providing executable rules,rather than only stating clearly the attitude of protection on articles of applied art. |
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