Law Protection Of Practical Works Of Art

Practical works of art,namely practical works of art.Both practicality and artistry are the most prominent features of practical works of art,but also in the legislation may be adjusted by the patent law and may be the reason for the protection of copyright law.However,not all of the practical works of art can be protected by the copyright law,as the object of copyright law to protect the object of practical works of art,namely,practical works of art,is a type of works.Practical works of art and practical works of art is a kind of relationship that contains and is included.The practical works of art is a kind of practical art which is independent of the existence of practicality and artistry.In 2012 China's "copyright law" revised draft of three for the first time in the first third chapters of the works of applied art made clear,which is a kind of work,this is our copyright legislation in the practical work of Art(work)is able to work as an independent dispute in the latest draft provisions.Prior to this,China's intellectual property law provisions in the domestic practical artwork has been keep from talking about,practical works of Art(work)or by default in art or as a protection for industrial design is protected by patent protection;there is no problem mentioned that China in the implementation of the "practical art international" provisions of copyright treaties in China in 2001,revised the "copyright law" and signed the"agreement" trade related intellectual property rights,so China's practical works of Art(works)of the legal protection and the "Berne Convention" is basically the same.Special practical works of art practice and art coexist,so that it can be used in the legislation on the protection of copyright law and patent law protection mode applicable mode,can also be mixed protection,but in the specific mode of protection design,all the different legislation,great controversy has the academic viewpoint.This article is in this background,through clarify the essence of applied art,that can be separated and independent existence of practical works of art practice and art,art is part of its independent existence can be protected as works of art,without special protection regulations;on the contrary,the two characteristics can not be because of the separation,does not comply with the copyright law "idea expression dichotomy principle,so this kind of practical art even with originality is not protected by copyright law.This kind of practical works of art which are not protected by the copyright law can be applied to the design patent protection,and the patent law should be applied to protect the.Practical works of art,which can not be separated from the art,are not protected by the patent law and are protected by the copyright law if they are not applied to the exterior design patent."Copyright law"revised draft general works of art works of art as a type of work,its appropriateness and feasibility is worth discussing.Whether the practicality and artistry can be separated as the standard to determine the legal protection mode of practical art,it is needed to solve the problem of how to solve the problem of practicality and artistry.This paper is of the opinion that if part of the art design changes will make the practical function of applied art is difficult to achieve,is artistic and practical to the concept of separation;on the contrary,it can be identified by their artistry and practicability is able to separate in the concept of.When the protection condition for a practical works of art at the same time with the copyright law and patent law,the rights of people can choose any protection filed a lawsuit to protect their rights and interests in patent infringement litigation rights,but once in the lawsuit chose one of protection,should not be in a right to sue.This paper uses the method of historical research,analysis of the causes of legislative protection of works of Applied Art in China has always been indecisive,revealing the principle of legal protection of works of applied art,and uses the method of comparative analysis,with the protection of works of applied art,the typical foreign legislation for reference,the reference of foreign legislative mode and legislative idea,through the analysis of the basic theory of the basic characteristics of practical works of art and intellectual property law,tries to design a legal protection mode is more appropriate and specific operating rules,in order to help improve related legislation in China.