The Overlap And Division Of Intellectual Property Protection In Practical Works And Designs

The main purpose of this paper is to investigate the problem of distinguishing,theworks of art and the design.The Berne Convention for the protection of works of applied art to make provisions,but the specific mode of protection is not uniform, the object appearance design is theprotection of international law. But the law is not the same. As amended the copyrightact of2013, our country has formed the situation of protection of copyright law,patent law protection of works of Applied Art design. However, there are manysimilarities between the works of Applied Art and design. The way has manydefects.This paper is mainly through the analysis of practical works of art and design inthree aspects of object, content, the public interest policy overlap and conflict, thedistinction between the necessity and rationality, and points out the feasibility ofcontent from the angle of object, angle, the angle of public policy to distinguishbetween the two. Pointed out our country now to protect both the defects and finally,the revision of the copyright law should be how to coordinate the protection of thecopyright of both.