Research On Copyright Protection Of Works Of Applied Art

Along with the incessant springing up of practical artworks in the market,the infringement problems which are associated with them are also emerging.Practical artwork is the carrier of works of applied art.Works of applied art are the quasi-protection objects of copyright law.Incorporating works of applied art into the copyright law protection system is an important aspect of protecting to the copyright of works of applied art and balancing copyright law and patent law.In order to clarify the legal concept of works of applied art and its legislative orientation,and perfect its judicial practice,this paper through reading a large amount of literature and using comparative analysis,empirical research and other methods.On the basis of defining the specific concept and characteristics of works of applied art,sorts out the current legislative status and judicial status of the copyright protection of works of applied art in China,from the legislative level,it is found that there is not only a lack of clear separation criteria and clear legislative arrangements for works of applied art in China,but also differences in legislative protection between Chinese and foreign.In the actual trial work,the court problems such as inconsistent theoretical strategies,confusion in the definition of copying behaviors,and differences in the application of laws in foreign-related cases often lead to conflicting trial results.In this regard,on the basis of clarifying the legitimacy and necessity of incorporating works of applied art into the scope of copyright law protection,this paper puts forward relevant suggestions on the institutional level and the judicial level,and believes that the separation criterion for the copyright protection of works of applied art should be clarified.At the same time,scientifically resolve the conflict of protection of works of applied art,and reduce the protection differences of Chinese and foreign works of applied art.In the judicial field,we should unify the theoretical steps in the practice of judicial trials,strengthen the protection of the right to copy drawings of works of applied art,and at the same time,we should legally evade the risk of improper or even wrong application of law in the trial of copyright infringement cases involving foreign works of applied arts.