The Legal Protection Of Architectural Works

In 2020,China’s copyright law was amended for the third time,and has been officially implemented on June 1,2021;Although the latest Copyright Law（Revised Draft for approval）extends the protection scope of architectural works to three-dimensional and two-dimensional planar forms,so far,according to the relevant provisions of the regulations for the implementation of the copyright law,the expression form of architectural works is still limited to three-dimensional buildings and structures,excluding two-dimensional planar architectural design drawings.For the protection of architectural works,there has been controversy in theory and judicial practice: for example,the actor who builds a building by copying architectural design drawings or architectural models can not be recognized as infringement of architectural works.Different judges have different interpretations on the forms of architectural works.The fuzziness of the judgment standard for the originality of architectural works makes the judge uncertain when determining the protection content of buildings.When dealing with the disputes of copying infringement of architectural works,it is difficult for judges to apply the rules of cognizance of copying infringement.Therefore,we should further strengthen the legal protection of architectural works,clarify the forms of expression of architectural works,and demonstrate the necessity of expanding the scope of protection of architectural works through analogical reasoning and systematic interpretation.Further clarify the identification standards for the originality of architectural works,and determine the protected contents by eliminating the practicality and conventional design.Improve the specific application of the rule of "access and substantial similarity".The element of "access" should not become a vassal of the element of "substantial similarity",and make the identification of the element of "access" independent through additional conditions.In the aspect of bearing the tort liability of architectural works,the court should prudently use "stop the infringement and eliminate the impact" to avoid the waste of public resources.