Research On The Protection For The Intellectual Property Rights In The Advertisement

As one of the fastest growing industry, advertising plays a very important role inmodern economic life. However, there is not any specific rule about protectingadvertisement in our existing intellectual property protection law system. And becausethe obligees of the advertisements seldom protect their own right, there are plenty ofinfringements of copyright. This situation has became the bottleneck of the healthygrowth of the advertising industry. In order to improving the growth of the advertisingindustry and protect the rights of the obligees and consumers, it is important to studythe advertisement intellectual property protection.This article starts with a TV AD copyright infringement, and expanses focusingon copyright protection. The object is by analyzing the conditions of AD intellectualproperty (mainly copyright) protection and identification of AD plagiarism studyingcases, to give suggestions about AD intellectual property protection. The key points ofthis article is about AD copyright protection and identification of AD plagiarism basedon the distinctiveness of advertisements.There are five parts of this article stating advertisements intellectual propertyprotection.The first part is an introduction of the case and the disputed key points. The second part is the summarize of the advertisement. In this part, the authorintroduces the generation and development of advertisement, defines advertisementfrom the aspects of law and media, and compares both. The article states theimportance of advertisement intellectual property protection by analyzing the socialreality and legal background of frequent advertisement copyright infringements.The third part is the mode of advertisement intellectual property protection. Inthis part, the author analyze how to satisfy the essentials of legal protection whencertain advertisements are the protected subjective of "Copyright Law","TrademarkLaw" and "anti-unfair competition Law". This part focuses on stating thatadvertisements should be protected by the Copyright Law when the requirements offormal elements and substantial elements of copyright are met.The fourth part is about the identification of advertisement plagiarism. Theauthor analyzing the identification of advertisement plagiarism by studying cases andusing "engagement and similarity" principle.The last part is suggestions about advertisement intellectual property protection.The authors concludes that we should complete industrial organization, defineidentification of AD plagiarism, and define AD publisher’s responsibility to improveadvertisement intellectual property protection and improve the growth of advertisingindustry.