Study On The Copyright Protection Of Original Ideas

The copyright protection system of original ideas is to provide institutional support for the construction of innovative national strategy. The study on copyright protection of original ideas set defined in the fields of literature, art and science, with originality and can be reproduced in a tangible form, the formation of the intellectual achievements expressed within a specific pattern, rule, frame and so on, such as program template, the rules of the game, etc.. This narrow sense of creativity is different from the standard of ordinary work is "double level" originality and specific, the general idea of daily life is excluded from the original ideas in the study of copyright law. To solve the problem of convergence of creativity in the system of copyright law, it will be studied in the scope of protection of copyright law.The relationship between works of original ideas and common works is the level of protection of copyright law, it is a class or a level relationship, rather than mutually exclusive relationship. The scope of copyright protection of original ideas should not be confined to the external expression of works, but should extend to internal expression of original idea works. Originality of copyright protection levels also has good scalability, this flexibility embodied with originality and concreteness.If originality and concrete is higher, copyright law of ideas can be greater protection, its intensity and scope of protection more widely, whereas the more narrow.Copyright protection of original works of ideas is based on the unity of copyright system under the premise, according to the characteristics of different types of original works, to adapt to the special needs of the field of protection.The legal rules and regulations on the problem of original ideas’infringement should be protected by the copyright system and the unfair competition law system and the patent system. In the application, we should follow the Priority of copyright law, such as the application of anti unfair competition law. Copyright protection of original works of ideas should focus more on the characteristics of itself and committed to the link with copyright system.Perfect our country copyright system of internal consistency through the overall thought and consideration to the originality of copyright protection of infringement cognizance.In the past ten years, our country has made a summary of the present situation of the creation of the tort and the protection of the law in the past years.Put the general audience as original idea works’substantial similarity identify the subject, focusing on the pros and cons about judgement standard of the substantial similarity.Putting forward that original works of ideas’substantial similarity should focus on the consideration of factors.