Research On The Intellectual Property Protection Of Arts And Crafts

The intellectual property protection of arts and crafts works determines whether the related industries can develop healthily and rapidly.Although the relevant systems in the field of intellectual property protection of works of arts and crafts in China are constantly improving,there are still the following problems.From the view of numerous norms involved in the intellectual property rights protection of arts and crafts works,there are overlaps in the protection of intellectual property rights by various laws and regulations.From the aspect of the subject of the protection implementation,there is a phenomenon of power intersecting between the judicial branches and the executive branches that manage intellectual property rights in the process of intellectual property protection of the arts and crafts works.From the perspective of the protection time,on the one hand,the intellectual property protection of the arts and crafts works in China is not timely;on the other hand,the time limit of China's current legislation on the protection of intellectual property rights of arts and crafts is too short.In addition,in the process of intellectual property dispute resolution of arts and crafts works,the personnel configuration is lack of professionalism,and the procedure and method of dispute resolution are relatively single.Focusing on the above problems,this paper adopts methods of conceptual analysis,historical analysis,literature research,comparative research,etc.,and takes the problems and countermeasures in the protection of intellectual property rights in China's arts and crafts as the core of the research,and on the basis of analyzing the present situation of relevant legislation and judicial in China and abroad,this paper puts forward some suggestions for improving the intellectual property protection system of arts and crafts works in China.Besides the introduction and conclusion,this paper is divided into four parts: the first part presents the concept of arts and crafts works and the characteristics of intellectual property protection of arts and crafts works;the second part analyzes the status quo and problems of intellectual property protection of arts and crafts in China;the third part investigates the intellectual property protection situation of overseas typical national arts and crafts works;the fourth part puts forward targeted perfect suggestions for the problems existing in the intellectual property protection of Chinese arts and crafts.On the issue of overlapping protection,the mode of overlapping protection should be affirmed.With regards to the issue of cross-protection between executive power and judicial power,China should construct the right confirmation mechanism based on judicial branch's judgment of value as the final standard.The intellectual property information registration system for fashion design arts and crafts should be established to ensure timely and effective intellectual property protection for such products.At the same time,the time limit of protection on the design patent right of arts and crafts works should be appropriately extended.China should expedite the construction of the intellectual property court system and realize the professional and unity of intellectual property trials of arts and crafts as soon as possible.Meanwhile,an alternative dispute resolution mechanism should also be adopted to ease the tension between limited judicial resources and the increasing number of related disputes.