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Research On Copyright Of Physical Model

Posted on:2018-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:H CaoFull Text:PDF
GTID:2416330569975658Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
The physical model is made of different material materials,to three-dimensional shape to reveal the specific external form of the object.The physical model is widely used in various fields of production practice with its simple and intuitive features.The type of physical model is also different.Physical model rose to the field of copyright law,with the corresponding is the type of work model works.However,the author analyzes the cases related to the physical model in the judicial practice of our country.It is found that there is a phenomenon of ignoring the originality of the physical model in the judicial practice of our country,and the physical model is equivalent to the phenomenon of the model works.The author starts from a real case in real life and explores the current situation of the protection of the physical model in the current copyright legislation in China with the litigation initiated by the aircraft model.At the same time,the analysis points out that the reason for the chaos in the field of judicial practice comes from the unscientific definition of the existing legislation in our country.After pointing out the shortcomings of the existing legal provisions,the author tries to analyze the protection course of the physical model in the international treaty and the domestic copyright law,analyze the legislative purpose of the model works,and analyze the core connotation of the protection.In order to solve the problems in the judicial practice and correct the problem of the physical model and the model works in the field of judicial practice,it is necessary to judge the originality of the physical model in order to solve the problem that the copyright law has not yet completed the revision.The author tries to use the physical model to make the basis of the classification standard,combined with the basic principles of the copyright law,for the production of the common model of the copyright analysis,in order to clarify the original source of the model and the relationship between the model works to resolve the conflict caused by the current law.To promote the perfect protection of intellectual results.
Keywords/Search Tags:Model, Model work, Three-dimensional work, Berne Convention
PDF Full Text Request
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