| The legal protection of the variety show model has not received legislative attention,which contradicts the considerable economic benefits brought by the variety show model.In view of the legal protection of variety show models in judicial practice,this article analyzes the dilemma of trademark law and anti-unfair competition law in protecting variety show models,while copyright law is necessary and feasible in protecting variety show models.As an independent intellectual property,the model is protected from the perspective of copyright law.In addition to the introduction of the first part,the other main contents are as follows:In the second part of this article,on the basis of a typified analysis of the infringement disputes of the variety show model in current judicial practice,it is found that the legal protection of the variety show model has unclear identification of the nature of the variety show model,the current legal protection effect is not good,and the identification of the variety show model The problem of immature infringement methods.The third part of this article analyzes the limitation of the protection of the variety show model trademark law and the anti-unfair competition law.The trademark law has limited protection objects and low effectiveness in protecting the variety show model.Therefore,the trademark law can only play a supplementary role in the protection of the variety show model.Under the Anti-Unfair Competition Law,the protection of the variety show model has the limited role of the trade secret protection model,and the application of general terms to protect the variety show model may lead to unreasonable expansion protection and unfair competition identification standards are blurred.The fourth part of this article is an analysis of the causes,difficulties and countermeasures of the copyright protection of the variety show model.The economic value and overall protection of the variety show model requires the copyright law to protect the variety show model,and the variety show model expresses and satisfies the requirements of the work conditions,and has the feasibility of copyright law protection.However,the current definition and nature of variety shows are unclear,and the immature and inconsistent methods for identifying infringement have made it difficult to use the copyright law to protect the variety show model in practice.Therefore,to clarify the concept and nature of the variety show model,the nature of the independent intellectual property of the variety show model should be clarified,and the program model right should be established.It is clear that the variety show mode as a work should have four characteristics: content recognizability,feature distinguishability,logic and theme,creativity and repetition.In terms of the method of infringement determination,a method of determination that combines the abstract test method and the overall perception method is proposed. |
