On The Protection Of Copyright Law Of Works Of Applied Art

Works of applied art with practical functions and artistic beauty are one of the categories of works that the Berne Convention requires to be protected.Countries around the world use copyright law or patent law to protect them,and thus create a single protection mode,dual protection mode and choiceprotection mode.As a member of the Convention,China has not stipulated in the law to protect works of-applied art,but has enacted administrative regulations in order to comply with the provisions of the Convention on the protection of such objects in other member states.This situation makes it impossible for our citizens to prosecute according to the corresponding legal provisions when their rights are violated,and foreign citizens can realize their remedies for their rights according to the laws and regulations enacted,which results in differential treatment and violates the principle of"nationaltreatment".After many years of practice,in order to solve the problem of lack of legislation in China's judicial trials,a complete system has been formed,that is,to protect works of applied art in the name of art works,and to identify works that meet the conditions of design patents can be applied for,reviewed,and protected by patent law.Works of applied art can be applied to the protection period of the works in the case of artistic creation with high originality and in accordance with the conditions of the art works.When the artistic design novelty is met and the design patent requirements are met,the 25-year protection period can be applied.The huge difference between the two in these aspects makes the legal protection of such objects in an unstable state.The characteristics of works of applied art satisfy the requirements of works in the Copyright Law,and in the face of the need to cite exact legal provisions in judicial practice,China should amend the Copyright Law as soon as possible and add legal provisions for protection.Considering that for a work that meets the conditions of a design patent at the same time,it is difficult to define it as a work or a patent by the level of artistic expression.China can consider establishing a dual protection mode and separately stipulate the problem that the protection period is too long or too short.Take the same 25-year term of protection as international conventions.In order to prevent the infringer from taking two infringement consequences for the same act,the law should also stipulate the corresponding tort liability.With regard to the possible overlaps and conflicts between the two rights,the copyright registration system should be improved,the proof of copyright registration should be strengthened,and the judgment of a case should be based on the principle ofprecedence.