The Intellectual Property Protection Of TV Formats

Along with the development of China's TV industry,TV formats are widely used in various TV programs.Many of them purchased from abroad and cost much,but been copied, imitated wantonly in the country.The copies led to the introduction of the original parties without a corresponding return on investment.In the long run,the industry will be disordered and confused.Therefore,the intellectual property protection of TV formats is imperative.TV Formats ,also known as the "Layout","model ", "form". It is a television program framework composed of composed othe rules, part of the arrangements, the selection of contestants,hosting style, audience participation, stage design, the unique use of music or slogan or even a combination of lighting and other elements.It generally applied to produce TV series, the series are different from other TV shows through the combined of fixed element. The reason for a good TV format have been able to create tremendous economic value, is it embodies the originator's intellectual property.TV formats is not only knowledge products but aslo program works when it meet the requirement of originality and replication.In the TV industry is highly developed countries,TV formats are not included in the Intellectual property law explicitly,but there are many relevant cases. 50% of the judgment recognized the copyright of TV formats in the cases which get court decision. Outside the judicial, the merchants established other dispute resolution mechanisms,such as industry associations'mediation and coordination, And internal protection mechanisms by the use of contract law, confidentiality agreements.Creation is the source of rights, and the law is the grounds of rights.There are two problems need to solve before the intellectual property of TV formats are granted by the law: The first is the value measurement of legislation,which included the balance between the rights of author and the interests of the public,and industrial development and intellectual property protection.The second is the confirmation of TV formats'carrier and the tort recognized standards need more comprehensive legal theory and technology.Throughout the paper aims to provide practical suggestions for the intellectual property protection of TV formats . First, establish the protection of TV formats'copyright In legislation and justice.Second, use trademark law , contract law and anti-unfair competition law as a supplementary means of legal protection.Proposed increase "blind imitation " rule in the anti-unfair competition law.In addition, give full play to administrative organizations, civil society and the market players.Establish diversity remedy measures,encourage and support the development of civil society organizations, enhance self-protection awareness of market players.