The Legal Protection Of The Name Of Works

The name of the work is a short word that reveals the content,the idea and the subject of the work.A perfect work name,which is the essence of the works,gives the public a deep impression,to the author a lot on fame and economically interest.In recent years,the popularity of IP adaptation brings a warm discussion about the protection of the name of the work.Whether the name of the works should be protected and what kind of legal protection should be applicable,theory and practice have their own words.The legal protection of the name of the work focuses on the field of intellectual property law.A good name of work is crystallization and creative work of the author,but the protection of the name of work under the existing intellectual property law is still inadequate,making some of the legitimate rights and interests cannot be protected well.This thesis start at why we should protect the name of the work,analyzes the status quo of the protection of the names in China in the aspects of copyright law,trademark law and anti-unfair competition law.Then draw on the experience of the judicial practice of the United States and Japan whose early start of Intellectual property rights.At last,put forward some advice about the protection of the name of work and dispute resolution mechanism.This thesis is divided into five parts.The introduction part,leading to the need of the discussion on the legal protection of the name of works through the intellectual property news.The part 1 expounds the concept,the characteristics,and the urgency of the legal protection of the name of work.Analysis the legitimacy of the legal protection of the name of work from the name of work belongs to the property rights and labor income.The part 2,What protection for the name of work we have in our country.This thesis analyzes the "originality" of the copyright law,the "significant" and "trademark use" of the trademark law,the "famous commodity unique name" in the anti-unfair competition law,and combine them with the relevant practice,at last summarize the inadequacies of the protection of the name of works in our country's laws.The part 3,the experience of foreign practice.This thesis analyzes the representative viewpoints and typical cases of the names of works in Japan and the United States,and analyzes the views on the protection of the names of works in foreign countries.The part 4,puts forward the improvement proposal and the dispute resolution mechanism of the work names.It is proposed to find the protection basis from the merchandising right and the anti-unfair competition law which is being revised.At the same time,referring to the arbitration system of the protection of the film names in USA,the thesis puts forward the solution to the dispute of the name of work.