Research On The Application Of The Anti-unfair Competition Law In The Protection Of The Title Of Work

The title of a work is a high-level summary of the content of a work.But it accumulates the wisdom of the author,it is hard to be adjusted by copyright law due to its limited originality.However,the title of well-known works often contain huge commercial value.In practice,there are ubiquitous behaviors of unauthorized use of others titles of works which have a certain influence.These hitchhiking behaviors will not only damage the reputation and interests of the author of the previous works,causing confusing and misunderstanding among the interrelated public about work and commodity,but also break fair market competition environment.However,there is no specialized protect clauses in current laws to govern these unauthorized use behaviors.Therefore,the courts familiarly use the ‘Anti-Unfair Competition Law’ to adjust relational behaviors.This article mainly discusses the application of the Anti-Unfair Competition Law of the title of the work.This article is divided into four parts: The first chapter arranges the current institution and issue.Conclude the operating judicial practice and legislative policies about the legal application of work title protection,clarify the current problems of work title protection,and carry out follow-up discussion.The second chapter analyses the legal property of the title of the work.Analyze the reason why the title of work cannot be protected as a work,and discuss that the nature of the title of work is a commercial sign and the nature of behavior of unauthorized use others titles of works.The third chapter analyses the rationality of using the Anti-Unfair Competition Law to depend the title of work,discussing from the following three aspects: The authors have qualification for being an operator.Competitive relationship is not a prerequisite for the application of anti-unfair competition law.The title of work can be identified as the name of commodity.The fourth chapter proposes perfect suggestions for applying the Anti-Unfair Competition Law to defend the title of work.First,clarify the conditions under which the title of work can be protected.Then,clarify the recognition standard of ‘have a certain impact’ in the law.Finally,define the scope of‘confusing behavior’.First of all,the title of work cannot be protected by copyright law as a separate work,and its essence is actually a commercial mark.For commercial mark,the ways in which trademark law protects them are limited.Secondly,it is feasible to apply anti-unfair competition law to protect the title of work.We can interpret authors whose purpose is gaining economic profits as market operators.Competitive relations in anti-unfair competition law should not be limited to market operators engaged in the same field.And the existence of competitive relations should not be a precondition for the application of anti-unfair competition law.Work and commodity belong to different legal nature.And it is the carrier of the work that can possess the attribute of commodity,not the work.The title of work can be used to refer to the name of the work carrier,that is,the name of commodity.Finally,the application of anti-unfair competition law to protect the title of work should be improved.First,it is necessary to clarify the conditions for the title of work to be protected: The title of work is recognizable after using.And the title of work has a certain degree of popularity.The identification of the title of work is not static.It is necessary to consider whether there are blocking factors that cut off the unique directional relationship between the title of work and the author.Second,it is prerequisite to clarify the identification standard of‘having a certain impact’: After using,the relevant public can identify the source of commodities according to the names of commodities,that is,it has uniqueness.When judging the uniqueness of the title of work,it should be judged whether the title of work has a stable connection with the right holder,rather than just judging the connection with the work.Third,the scope of ‘confusion behaviors’ should be defined.In principle,the confusion behaviors should be limited to ‘the same or similar types of commodities or service’ to prevent the expansion of the protection of commercial signs by the Anti-Unfair Competition Law.Regarding the title of work,the unauthorized use of it in cultural works such as books,movies,games,etc.should be included in the scope of ‘the same or similar types of commodities or service’.For the cross-category use of the title of work,general terms or false publicity terms may be applied according to the specific circumstances.