| Television Program Format is a framework which contains a series of similar factors. It is more abstract and creative than the television program and basically understood as the form of arrangement which includes many factors, such as consulting, producing, guide line, image, programming, stage design and sound. In the recent years, along with the rapid development of television programming in China, various shows emerged which also leads to the birth of many excellent television program format. But in the meantime, television program format illegal copying is also get worse and related lawsuits are also increasing. Because of the hysteretic quality of the existing related law in China, there is a total blank of legal protection to the intellectual property of television program format which means both challenges in the legal protection field and huge opportunities in theory research and practical implementation.By elaborating the logical jumping off point of the basic theories of television program format and comparing the legislation and legal practice of television program format protection abroad. This thesis introduces the legislation and legal practice of television program format protection of both Anglo-American law system represented by Britain and America and continental law system represented by Germany and France. Furthermore, this thesis systematically analyzes the current situation and difficulties of television program format protection in China and points out the lack of legal protection. In order to solve the problem, there are at least three challenges ahead of us. The first one is legal definition. Television program format can not be regulated by patent law and it also can not be protected by the name of business secrets or "works" which then can be protected by copyright law. The second challenge is value orientation. The high cost of copyright transaction is a very important reason that the infringement of television program copyright occurs in China and whether or not to enhance the administration under the current situation is still disputable. The third challenge is infringement identification. In the law execution sphere, it is complicate to distinguish using for reference, imitation and copying. Therefore, by absorbing and consulting the television program format protection abroad and legal analyzing and feasibility study, the author brings forward basic ideas and measures on television program protection which is a comprehensive legal protection system that establishes copyright law as the leading component and trademark law and anti-unfair competition law as the assistant components. With explicit judicial interpretation and the comprehensive legal protection system, we could achieve the goal of television program format protection in China. |
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