Research On Intellectual Property Rights Of Ceramic Art Works In The Auction

From the investigation,we learned that the main problem are fake ceramics are auctioned off and the name trademark was pre-registered at the auction of ceramic art works,this paper will analyze and solve these problems one by one from the perspective of intellectual property law.Protected items are works that were first created independently by the author and the work must not reproduce the author’s mind again.The ceramic art works in the auctio pay attention to the protection of the aesthetic function of the works,excluding the protection of the practical function.As the parties concerned,the mandator and auctioneer are publishe and exhibitors of works,they should bear the corresponding legal responsibility at the auction of ceramic art works.From the perspective of copyright,although the copyright law does not define the concept of ceramic forgery,it can divide the ownership of copied works and duplicates through the provisions of the copyright law.The common copyright infringement problems in auction include illegal signature,copyright infringement of collaborators and infringement of the property rights of some works,but the copyright law still has some legislative defects such as unclear and incomplete regulations.In order to solve the problem of infringement of the above-mentioned similar works at the auction of ceramic art,We must make clear the premise and standard of infringement identification,It’s the recognition of originality expression and substantial similarity.From the point of view of trademark right,although the trademark law and the anti-unfair competition law can be applied in parallel,the supplementary protection of the trademark law is still necessary.The trademark right infringement in the auction of ceramic art works is the infringement of the name trademark,which is mainly caused by the non-standard registration and use of the name trademark,including the omission of the confirmation of the "second meaning" of the trademark in the registration of the name trademark,and the neglect of the confusion possibility standard in the use of the non-registered name trademark.In order to solve the infringement identification of trademark confusion in the auction of ceramic art works,it is necessary to make clear the advance and standard of trademark confusion infringement identification in the auction of ceramic art works,It is the identification of trademark use and double standards.In order to solve the problems of the auction of fake products and the use of name trademarks at the auction of ceramic art works,this paper will put forward measures about prevention and control of ceramic forgeries and standardize the Use of name trademarks from three aspects of legislation,practice and concept.Targeting at the question of ceramic forgery participating in auction,We should clarify the rights of ceramic artists from the perspective of copyright law,the prevention and control mechanism of ceramic forgery is constructed from the supervision of auction market,form copyright protection consciousness on auction idea.Targeting at the question of the use of name trademarks,we should perfect the name trademark registration from the trademark right law,standardize the use of unregistered name trademarks,The awareness of long-term trademark protection should be formed in the concept of auction.