Intellectual Property Protection Of The Advertising Works

The emphasis of this paper is to analyze the protection for the intellectual property rights in the advertising works within the range of law of intellectual property rights. Theoretically, the advertising works can be protected from different aspects. Firstly, as art works, it can be protected by the copyright law . Besides, if it forms the business secret, the advertising works can be protected by the law of unfair competition. Finally, when regarded as the commercial sign, it can also be protected by the law of unfair competition. However, how to specifically protect the advertising works, such as the definition of tort and the investigation of legal responsibility, doesn't fall into the visual field of this paper.This paper consists of five subject-oriented chapters, which total approximately 50,000 words.Part Ⅰ: At first, the author analyzes the conception and relation of "new meanings of advertisements"and"advertising works". And then the author futher conclude the definition and characteristics of the protection for the intellectual property rights in the advertising works.Part Ⅱ: from the perspective of the copyright law, the author demonstrates that the advertising works has the essential attributes of art works, meanwhile it agrees with the factors of the object of the copyright law. In addition, we must pay attention to some problems. For example, although the copyright law protects the advertising works, it doesn't violate the principle that the copyright law protects only the expression but not the idea; the content of the advertising works must be true and legitimate, which is different from the common works; the ownership of the copyright of the advertising works is also considerably complicated.Part Ⅲ: After considering the involved regulation of the business secret both abroad and in our country, the author proves that the advertising works can be protected by the law of unfaircompetition, so long as it agrees with the composing factors of the business secret.Part IV: In this part, the author mainly discusses the following problems: while agreeing with certain conditions, the advertising works can be considered as the commercial sign and thus be protected by the law of unfair competition. The author also analyzes the reasons why the advertising works can be protected by the law of unfair competition.Part V: In this part, the author mainly discusses two questions: the first one is about the restraints on the intellectual property rights in the advertising works: (1) don't encroach on the business secrets of clients; (2) don't damage the legal rights and interests of clients and consumers; (3) don't harm the authers' spiritual rights; (4) two pieces of advertising works which are identical but not plagiarism should be avoided to be issued in the same area. The second one is about the forms of the infringement of the intellectual property rights in the advertising works.