Research On Copyright Protection Of Practical Works Of Art In China

Practical works of art are works of art that can not only meet the needs of people in a certain aspect of daily life,but also allow people to enjoy beauty when using them.Practical works of art are favored by many producers and consumers because of their unique nature.The earliest trial case of practical works of art in China was the copyright infringement dispute between Interleger Co.,Ltd.in 1999 and Lego Tianjin Toys Co.,Ltd.in this case,the concept of practical works of art was introduced for the first time.Beijing No.1 Intermediate people's Court tried the case in accordance with the relevant provisions of the Berne Convention.In the following time,practical works of art were created and produced on a large scale,became a new product type in the market,and greatly promoted the prosperity of the commodity market.However,infringing acts also emerge one after another with the development of economy.Some international treaties,such as the Berne Conventio and the Agreement on Trade-related aspects of intellectual property Rights,have more or less provisions on practical works of art.Some countries in the world,such as Britain,the United States,Germany,France and other countries also have specific legal provisions for practical works of art,but practical works of art are lack of clear legal provisions in our country.In recent years,in the research of some scholars and the judicial trial of the court,there is no completely unified standard for the characteristics and classification of practical works of art and whether the copyright Law can be used to protect practical works of art.there are also many differences in the determination of infringement standards.Although the copyright Law of the people's Republic of China(revised draft)of the State Council defines works of practical art,it does not provide clear answers to the questions raised by all sectors of the society.however,there are no provisions on works of practical art in the copyright Law(draft Amendment)promulgated by the standing Committee of the National people's Congress.How to strengthen the protection of practical works of art has become an urgent problem to be solved.Strengthening the protection of practical works of art can not only improve the legislative system of our country to a certain extent,but also give unified guidance to the problems in judicial practice and improve the efficiency of trial.The use of the copyright Law for the protection of practical works of art is in line with the provisions of international treaties,while practical worksof art,as the intellectual achievements of creators' independent creation,are in line with the elements of copyright law protection.This paper starts with the concept of practical works of art,studies the characteristics of practical works of art,and focuses on the analysis of the relevant problems in the field of practical works of art in China,combined with the relevant regulations of countries with advanced legislative experience.This paper puts forward some suggestions on how to improve the copyright protection of practical works of art in our country.The study of this paper can provide reference for legislators in the field of practical works of art,promote the improvement of China's legal system,and reduce the occurrence of torts in the market.