On Parody In The Fields Of Copyright And Trademark Right

Parody is a kind of different artistic pattern from others, which aims to make a satire, ridicule and criticism on the original by the use of the changed famous works. Therefore, it is inevitable for parody to conflict with the copyright and the trademark right and even often to get involved in the tort of the intellectual property right. Focusing on parody in the fields of copyright and trademark right, the article makes an introduction and analysis to such doctrines as fair use, trademark tort, and trademark dilution which were exercised when the foreign countries dealt with parody in the judicial practices. With references in the law principles and judicial practices of foreign countries, it makes perfect the relevant legal systems to parody in China on the condition that there is no clear provision on parody in the current Chinese law. The first part first gives the individual definitions of parody in the literature and the law, and then introduces the constituted elements, characteristics, function and objective of parody. And in the second part, it mainly discusses parody in the field of the copyright with an eye to the conflicts between parody and the copyright. By the comparison between legal provisions in foreign countries and in China, it emphasizes to state the rule of fair use and then sets forth some suggestions on the perfection of fair use in China from the view of parody. Later, the author in the third part concentrates on parody in the field of the trademark right. First, it analyses the conflicts between parody and the trademark right; second, it explains respectively parody and the trademark tort according to the theories of trademark confusion and fair use in the trademark; third, it makes a discussion with the help of the theory of trademark dilution and at last has the revelation that parody in the trademark contributes to the construction of the trademark restraint system in China.