Research On Legal Protection Of Television Entertainment Program

In recent year, TV audiences have been broadly entertained by numerous reality shows themed of talent, sports, competition or dating. These programs are occupying the prime time of different channels and enjoy high popularity among the audiences due to their entertaining and relaxing characteristics. A TV channel is both the producing and broadcasting party, these shows have also become the money-spinner of the channel because of their commercial nature.Problems, however, concur in such popularity.In pursuit of an eye-catching audience measurement, many TV channels have found a "shortcut" by imitating the original program format with little innovation, or simply pirating the program by changing its name. Consequently, it will cause detriment to the copyright owner’s interests and largely disincentive program innovations, and ultimately damages the variety and development of domestic television and cultural industries.Although scholars have long been focusing on the controversies and accusations of intellectual property infringement from domestic and overseas that are commonly heard. Nevertheless, there is currently no protection in the domestic legislation level of TV program format. This thesis is intended to share views on the merits and deficiencies of Chinese Intellectual Property Law and Anti-Unfair Competition Law, by analysis of domestic laws and foreign practices on the basis of the definition of TV program format, and to find a solution of legal protection of TV program format.In this background, this thesis systematically analyzes the definition of TV program format, domestic legislation and foreign experiences in protect these formats. This thesis contains over thirty thousand words in the body part. the Introduction part introduces the background, the purposes, the approach, the innovations and explanations to deficiencies hereof this research.The first part introduces the definition of TV program format and based on which the issues occurs. The variety and diversity of TV program format make it difficulty to be defined, and to be included in the protection of intellectual property law. This is the direct reason for TV program format to be protected worldwide. Therefore, a definition of authority towards TV entertainment program is needed regarding this issue.The second part, basing on the content of the first part, discusses the TV entertainment program format from the perspectives of theoretical basis and practical needs, as well as the necessity and practical value of the its protection.The third part discusses and analyzes the protection models of TV entertainment program format. Foreign dispute resolution experiences regarding the format disputes are introduced here in reflection of the merits and deficiencies of different protection modes.In the fourth part, this thesis introduces scholars’ opinions on various protection approaches of TV program format in views such as of intellectual property law, trademark law, anti unfair competition law and contract law and within which the hurdles.The fifth part concludes previous analyses and proposed the solution to establish an protection mode surrounding intellectual property law, with assistance of anti unfair competition law and other laws, under which the format owner’s interests will be effectively protected.