| With the rapid rise of entertainment industry in recent years,films,songs,games,literature and other works are increasingly commercialized and thus extend a commercialized interest.The title of creative work,as an intellectual product with a set of attributes,symbolic and communicative features of a creative work,is very easy to be misused to profit by other people,especially for famous creative works.Therefore,it could be said that there is no time to delay to protect the title of creative work.The academic discussion and legal research of the title protection is relatively common,which could be concluded that it is difficult to be protected by Copyright Law because the title cannot meet the originality requirement if it is separated from the creative work.The other laws,such as Trademark Law or Anti-unfair Competition Law,is not able to solve the right infringement either.Many scholars have tried to commercialize the title or set up a new civil right to find a path of legal protection,but there are still disputes lying in the academic theories.In others countries,the civil law countries have basically established the protection system which is supplemented by the trademark law and the anti-unfair competition law;and The Anglo-American law countries have abandoned the copyright law,only have Anti-unfair Competition Law and Commodity Law to protect the title.There are two reasons to research the legal protection of the creative work title.The first is that the Provisions on the Adjudication of Certain Administrative Cases concerning Trademark Licensing issued by Supreme People’s Court in 2017 has clearly outlined the prior rights of the title and character name in the famous creative works.Some scholars believe that it is the first admission of “commercialized rights” of the creative work tile and character name while the writer has reservation for it.The second reason is that there is a certain overlap between the creative work title’ s commercialized usage and the use of trademark,which brings a number of difficult in judicial adjudication.In consequence,by comparing the academic theories and judicial practice in home and abroad and referencing the mode of right protection experience in home and abroad,the writer tries to identify whether the title of creative work has a commercialized right or interest and provide some supplementary advice for the legal protection system of creative work title. |
