| Works of Applied Art is a new type of works with both practicality and artistry.With the rapid development of modern social economy and the improvement of art level,the legal issues related to Works of Applied Art are gradually increasing.Although the revised draft of the copyright law of China defines the status of its independent works,the protection of Works of Applied Art is still faced with the lack of current legal provisions,judicial practice confusion and disputes on protection mode.Therefore,the article first introduces the current situation of The Separability Doctrine in China through the Theoretical Retrospection,combined with the relevant summary cases,and summarizes the defects and deficiencies in the current Works of Applied Art protection.Secondly,in the analysis of Works of Applied Art and similar concepts,the characteristics of Works of Applied Art are summarized,and the strict limits of Works of Applied Art protected by copyright are clarified;In comparison of the international law framework and the domestic laws of foreign countries,this paper puts forward suggestions and countermeasures to improve the copyright protection of Works of Applied Art in China.In legislation,we should give the Works of Applied Art a separate type of work and a flexible system of protection period,and at the same time,we should stipulate the corresponding infringement judgment methods;in judicial practice,we should clearly adopt the standard of “Conceptual Separability”,implement the specific operation method of three-step subjective and objective judgment,and also adopt other alternative judgment standards;finally,copyright protection and design protection should not be repeated.At the same time,we should encourage the implementation of invalid design patents in the form of Works of Applied Art. |
