Research On The Copyright Protection Of The Works Of Practical Art

Practical works of art in our country is not protected from the beginning,this paper summaried and studied problem exposed in China's judicial practice since access to the Berne Convention:the basic concepts about the practical works of art is not clearly defined,the protection mode for the problem of chaos,and artistic,replicability and separation criteria and application method is not uniform.To study and solve the problems exposed in the practice of protection of works of applied art,the article first discernment connotation protection object-the works of applied art,distinguish other confusing concepts in the research and the judicial practice.From the perspective of approaching the core value of practical art works,protecting traditional culture and integrating with the international protection system,it is proved that the practical art works should be protected by copyright law.The practicality,artistry and originality,can be copied as the basic elements of copyright protection for works of applied art,as a necessary condition for non separability,both through strengthening the protection to encourage cross creation,and solve the judicial practice in the legal protection for cross contest problem.To perfect works of art copyright protection system,we should define the object position,distinguish the protection period,establishment of originality and infringement of copyright registration,take specific measures of intellectual property rights in order to maintain the balance of the intellectual property system and realize the purpose of legislation of it.