The Art Design Of China And Intellectual Property

Art Design is the creation of high value-added goods, ways and means of modern intellectual property law is the commodity economy and the development of science and technology products, the main contents of this paper is to describe commodities in the market economy and the objective economic conditions, as one of the knowledge products Design and the Art of the relationship between intellectual property law. Art and Design on the object of study, and a brief introduction of the intellectual property law related knowledge, associated with the copyright, patent, trademark and design works of art there, such as the right to cross-discussed several aspects, in a bid to show laws in the field of artistic design and the importance of the value and significance.1.Art Design object of studyArt and Design is the design in the east and China's specific form of expression, which covers most of western design concepts in all content. But in some complex design activities focus more on people's spiritual needs and aesthetic needs of that part of the content and side. Designed in accordance with different target groups broadly divided into five main categories: industrial design, decoration design, dyeing clothing design, interior design and environmental art and advertising design.Art and Design is to create products with high added value approach. It also will combine traditional and modern, grasp the pulse of the cultural market and economic information for different consumption of the consumer sentiment and economic conditions, to adapt to the development of different consumer goods. So can the maximum increase the market competitiveness of goods, the maximum stimulate consumer interest. And condensation in these high value-added on the performance of the art design practices, ideas, etc. These artists spent a lot of energy and effort on the results of intellectual work should be rewarded and protected against arbitrary copying others, theft and the use of improper means Carried out for profit, and other commercial activities.2.The concept of intellectual property law and the protection of objects Intellectual property rights are for people to create their own intellectual achievements and operation of tag, the prestige enjoyed by the exclusive rights in accordance with the law. The protection of intellectual property law targets is that people in the scientific, technical, cultural and other forms of knowledge in the field created by the knowledge products.Art and design work as knowledge products, protection of intellectual property law by the content is not limited to physical works of art in itself, but also in the works to hide the spirit behind the results, that is, works of added value. It includes the products of creativity, its manifestations, and it has to rely on the creation of some background knowledge, reference materials, and so on.Outstanding works of art and design can greatly enhance the product on the market's competitiveness. Art and Design is a creative work, but it is extremely simple replica, so only the achievements of the art design of the protection of the law, can effectively encourage the design and production units to make new, outstanding works of art and design. Product design and academic achievement to the continuous renovation to meet people's increasing material and spiritual needs of their products in domestic and overseas markets competitiveness.Understanding of intellectual property law of the art design of the healthy and orderly development of a critical impact. To effective use of intellectual property laws designed to protect the art designers on the premise that knowledge about intellectual property law, the current domestic existing intellectual property laws and restrictions on the relevant provisions of a certain master, the art and in order to Late profit and commercial operation of a certain legal basis for relying on the design of social and human development needs of the market economy is conducive to the healthy development of outstanding design entries.There are many intellectual property law, and art design are related to copyright, trademark, patent, and other designs. Clearly a performance of works of art practices from the perspective of what categories and relate to what the scope of intellectual property law, the designer and works for the maintenance of the legitimate rights and interests of owners and art creation and related commercial activities of normal Legitimate, is very important.3.Art Design and patentsThe franchise is that citizens, legal persons or other organizations of their inventions within a certain period of time in accordance with the law enjoyed by the monopoly. Patent Law in the alleged design, refers to the shape of the product, design or combination, as well as its color and shape, the combination of patterns made by the rich beauty and suitable for industrial applications of the new design.Designs from the shape, design, color composition. Designs is the carrier of the products have a certain shape, design is the product of the appearance of the design. Is not only the so-called product designs can be used as the carrier, and in addition to other independent use of the product. Paintings on white paper is not the pattern logo designs, but in India Hu Qiangzhi tread pattern on the exterior design is, because Hu Qiangzhi can paste on the wall is a kind of decoration, has its own independent use. A painting or a logo on its part is not the design, but if it is applied to product design or the painting will become the design. Moreover, the designs should be suitable for industrial application and should be a new design.In addition, the design should have a certain aesthetic requirements, in practice known design patent infringement by others the reason lies in the design of decorative features favored by consumers in the market have a certain degree of fame , There had been some consumer groups. Tort people is to deceive consumers to confuse the consumer's attention, the state can be achieved confused as real ones, and they can directly benefit-sharing.4.Art Design and TrademarkTrademarks, is to be different by operators to provide goods or services to distinguish between, and for visual perception by a significant marker. Trademarks are generally text, graphics or a combination of patterns, Notes in goods, packing of goods, facilities or services related to advertising materials, significant and eye-catching, will certainly help consumers of goods or services associated with the operators, so that With the other operators of similar goods or services with distinction, to facilitate the identification card, also facilitates the legitimate operators start of competition.Note by the trade mark is a certain business targets on the text, graphics or its portfolio composition. The constituent elements of the general trademark for visual identification with the text, graphics, text or a combination of graphic design. The fact that people can sense plane visual understanding of the pictorial symbols, in the form of an objective performance as a surprisingly refined text, graphics, simple eye-catching ideas and creative arts.The trademark image of what should have specific characteristics and legal norms, China has had some legal provisions and limitations in the design and understand the time of application for registration will be some help. Can also prevent lawless elements not to allow others to have free use of creative artistic image as a trademark registration for profitable activities.5.Art Design and CopyrightCopyright, also known as copyright, is the author or other person in accordance with the law of copyright literary, artistic or scientific works enjoyed by the proprietary rights collectively.In art and design fields, China's current Copyright Law in the understanding of their work is also in the practical art and the distinction between pure art protection and restrictions on. Art is painting, calligraphy, sculpture, etc. lines, color or other means constitutes the aesthetic significance of a plane or three-dimensional works of Visual Arts. Practical works of art refers to the practical uses of works of art, and with practicality and artistry. Cloisonne chopsticks, for example, the vases are both artistic have practical value of practical works of art.6.Art Design in the field of the rights of the cross, in our current intellectual property laws on the shortcomingsCopyrights, patents, trademarks, as their respective intellectual property law is not part of independent existence, but the interaction and mutual ties. Whether the design works of art creators, owners or operators, in the exercise of their rights to profit or sex may happen when the right to cross and a variety of legal disputes arising therefrom, to understand these types of intellectual property rights Law and the link between the differences and understand and master's right to exist between them cross, in a different position to the right people - patents, copyrights, trademark rights can in a more effective and reasonable way maintenance Their interests will not be harmed, and does not violate the existing law so that the premise of the exchange between art and profitability of the healthy and orderly operation. Moreover, works of art themselves with the abstract nature, complexity, multiple sexual characteristics such as the relevant provisions of the present law is also there are some loopholes and make up for these deficiencies but also help the healthy development of art and design.