The Legal System And Application Of Law Of The Boundary Between Works Of Literature,Art,Science And Products Of Industrial Manufacturing

The boundary between works and products makes the protection of different types of exclusive rights of intellectual property control different fields.In the current legislation,there are different institutional expressions of the boundary between works and products.Firstly,the copyright law limits the field of protection to the field of literature,art and science,so that the behavior controlled by the copyright right in this field is distinguished from the manufacturing behavior in the industrial field,thus keeping the behavior in each field independent of each other.Secondly,the dichotomy principle of thought and expression is to distinguish the fields of copyright protection from the fields of industrial manufacturing.Specifically,functional works and methods of operation are included in the ideological category that is not protected by copyright,so that the copyright field and the patent field can abide by their respective protection fields.However,in the judicial application of China,there are different opinions on the interpretation of the two systems,which leads to the problem of overlapping protection and different judgments in the same case.Therefore,at the time of work and product line,should be to maintain between culture industry and industrial manufacturing industry development and the principle of fair competition,at the same time in follow to prevent overlapping protection,insist on the principle of separation and results to determine subject,on the basis of three rules,in accordance with the "four-step filtering method" to work with the line between the product division,in every step of traditional object and can isolate after filtering,the part of the traditional object to practicality/artistry if art can be divided into judgment,for which physical object inseparable to belong in the field of the last judgment,It is used in the field of culture,art and science to identify "works",and in the field of industrial manufacturing to identify "products".