The Choice Of Intellectual Property Protection Mode Of Practical Art

Practical art is a sculpt of artistic features that is both artistic and practical,and that can be tangibly reproduced.The problem currently existing in the legal protection of practical art in China is that the artistic component of the practical art that can be separated from the practical component and the artistic component can be protected by copyright,while the legal protection of the practical art that is inseparable from the practical component and the artistic component is There are currently no legal norms.The choice of the legal protection model for this part of the content is a difficult problem in China's current legislation.The first part of this article introduces the concepts and characteristics of practical art.The second part is about the characterization of practical works,and expounds the attributes and design attributes of the works.The third part analyzes the advantages and disadvantages of the legal protection mode of practical art,and introduces and limits the copyright protection mode and the patent protection mode.Specifically,since the copyright-related law of China does not explicitly mention practical works of art,the Provisions for the Implementation of International Copyright Treaty.promulgated by the State Council only explicitly protects the practical works of art created by foreign nationals,so the practical ingredients for the creation of Chinese nationals are For practical art that is inseparable from artistic composition,if it is regarded as a design patent and protected by patent law,it can only enjoy a 10-year protection period,which is lower than the 25-year international convention.If you choose to give copyright protection as an art work,the result is that the practical art works that cannot be separated from the practical components and artistic components of Chinese nationals can enjoy the protection period of the author plus 5 years,and such practical works of art created by foreigners.The term of protection is only 25 years after the completion of the creation,which in turn leads to low national treatment for foreigners,which violates the “national treatment principle” set out in the Berne Convention and the TRIPS Agreement and adopts the repeated protection legislation model.Protection against the public interest will result in excessive incentives for rights;in addition,repeated protection patterns will lead to conflicts or lack of rights,resulting in many legitimate works of art not being legally and effectively protected,and the originally envisaged comprehensive protection legislation.The original intention is contrary.The fourth part introduces the conflicts and manifestations of copyright and patent protection,introduces and draws on foreign protection models,and concludes that we choose a more reasonable industrial copyright protection model and a more institutional design.The absence or conflict of rights can be avoided.