Research On Intellectual Property Rights Protection Of Works Of Applied Art

Works of applied art are flat or three-dimensional works of art with practical functions and aesthetic significance.They have the dual attributes of practicality and artistry,and have natural tension,jumping back and forth between different branches of intellectual property.In the judicial practice,there are some problems in the copyright protection of practical art works,such as the way of protection has not been unified,the object of protection is still unclear,the judgment standard of originality is difficult to define,the term of protection is not reasonable,and the mode of protection has not been solved.As for the above problems of applied art works,this paper redefines applied art works and clarifies their concepts.Through vertical and horizontal classification of applied art works,it tries different protection paths for different applied art works,carries out statutory classification protection and establishes classified protection mode.Other problems cannot be solved independently.The focus should be on the legislative perfection of copyright law and patent law of exterior design,which needs to be balanced between copyright law and patent law."Berne convention" is the beginning of the intellectual property protection of works of applied art,China joined the convention in 1992,and did not declare reservations when it joined,so it is considered to follow all the provisions.In order to fulfill the Berne convention,China grants foreign works of applied art copyright protection for 25 years in the provisions of the implementation of international copyright treaties,which is considered as unfair to Chinese works of applied art at the legislative level,but unfair to foreign works of applied art at the judicial level.The third revision of the copyright law,submitted for review,defines a work of applied art,and sets this definition as a sub-item of the work of art together with the work of art,thus determining the independence of the work of applied art.The term of protection of the patent of design in our country is short,and the applied art works can be protected completely by applying for the patent of design.At the same time,the existence of patent right of appearance design can basically meet the international convention and meet the protection requirements of practical art works and plane and three-dimensional design.Further study in the context ofdifferent classification,respectively,for appearance design,functionality and design based on works of non-functional,refers to the appearance of an article,ornamental,and for its technical characteristics are not requirements,found within the patent of appearance design system and the system will not give birth to common law rules,there is a patent of appearance design protection period cannot exceed a patent for invention and utility model patent protection period of psychological barriers,as a practical art protection period is not reasonable,without the root cause of establishing the protection model;As for the copyright law,it is necessary to return to the essence of originality by making clear the judgment of originality in practical artistic works.The relation between works and knowledge is connected by originality,so that the protection of works can meet the goal of copyright law.