"shanzhai" Phenomenon Of Intellectual Property Law

From the "shanzhai" handset to the "shanzhai" Spring Festival Evening star "shanzhai" we can say "shanzhai" is the most prosperous of the new vocabulary."shanzhai"has become a common cultural phenomenon, there are "shanzhai" products throughout the market. It can be said to have entered every aspect of our lives. People have different opinions upon "shanzhai""shanzhai" is a grass-roots knowledge, innovation or originality of plagiarism against the infringement? It is time to argue, both sides are difficult to convince each other. How to accurately define the term "shanzhai" phenomenon, how to solve the "shanzhai" from the legal aspects of breeding, in particular, intellectual property issues, are already before us an urgent task.This article is posed by the following aspects:the introduction, body, and conclusion, of which the body consists of three parts:The first part introduces the concept, characteristics and classifications of "shanzhai’", and the people’s attitude towards "shanzhai". This paper does not argue for "shanzhai" a clear definition, but it does not mean we do not carry out the extension and characteristics of the analysis. By analyzing the nature of our "shanzhai" that is not "fake", not "’piracy", but to imitate, and even innovation."Shanzhai" in a cluster of the civilian have non-standardized and non-rational features. This phenomenon tentatively can be classified on the "shanzhai", according to different classification criteria, the final study produce the "shanzhai" phenomenon is a fake, imitation and innovation, and non-mainstream "shanzhai" culture of three parts.The second part, analyze "shanzhai" in the asptects of intellectual property law, trademark, patent rights and copyrights, etc. from the system, the phenomenon of "shanzhai" is an infringement of intellectual property rights for the specific resolution. First discuss the relationship between "shanzhai" and trademark, trademark infringement problems through research to find the legitimate mimic "shanzhai" product trademarks border. Followed by the discussion of "shanzhai" in the relationship with the franchise to mobile phone firms, for example, through the theoretical analysis of patent infringement that, most of the "shanzhai" in design patent infringement only, and did not infringe the patents of inventions and utility models. And discuss literature and art as the representative of the "shanzhai" phenomena and the relationship between copyright, fair use by the analysis, the "shanzhai" Arts of the free boundary. Finally talks about the "shanzhai" phenomenon and the image of the right, through the power of the image that in order to better solve the problems, China should introduce the "image right" concept.The third part focuses on how to regularize "shanzhai" phenomenon of intellectual property law. Respectively, from legislation, law enforcement, judicial and other aspects of sound recommendations, our legislative, judicial, administrative departments to recognize the "shanzhai" when the limits of legality, protection of intellectual property rights and deal with the relationship between encouraging free competition, so that the public interest and intellectual property rights of people balance of interests, and promotion of intellectual property laws and regulations to strengthen and enhance public awareness of rights.