On The Legal Protection Path Of Work Titles

In recent years,due to the rapid development of the cultural industry,the name of the work has gradually been highlighted by the illegal utilization of others,and the interests of the name of the name of the work of the work need to be protected.How to protect the name of the work has been controversial for many years.It seems that the "Copyright Law",commercialization rights and "Anti-Unfair Competition Law" can be used to protect them,but in fact,their use is limited.The primary prerequisite for the work of the work by the "Copyright Law" is that it must be originality,and it cannot be used by the "Copyright Law" to protect the name of the work.The name of the work cannot be original because it cannot reflect the author’s thoughts.At the same time,because of the theoretical negation and original judicial negation of the copyright,the possibility of the work name will be protected by the Copyright Law alone.At the same time,because the name of the work as part of the work is part of the protection of the "Copyright Law",this method is separated from the orbit of protecting the name of the work name,so the feasibility of protecting the name of the work with the "Copyright Law" is low.The protection of commercial rights and interests of the work name has gone through the stage of non-protection to the protection of rights to the protection of equity.Although the "Supreme People’s Court’s Regulations on Several Issues of Administrative Cases of Affirming Trademarks" provides legal support for the protection of commercial rights and interests,there are still deficiencies in the deficiencies of the theoretical foundation of legitimacy and the required protection conditions.Essence This regulation should be amended to the limitation of the copyright protection period,and the clarification of the protection conditions is that the work name has a high reputation and the use of the name of the work.In judicial practice,the "Anti-Unfair Competition Law" is also commonly used to protect the interests of the name of the work,but there are still whether the work belongs to the commodity and whether the authors of the natural person are the subject of improper competition.How to define "confusing behavior".Only after clarifying that the work belongs to the product and the natural person can become the two prerequisites of the inaccurate competition,can it determine the meaning of "a little impact" and "confusing behavior" of Article 6.Although the newly introduced "Explanation of the Supreme People’s Court on the Application of the Law of the People’s Republic of China on Anti-Unfair Competition Law" in 2022,Article 12 of the "Several Issues of Anti-Unfair Competition Law" is provided for the "certain impact" regulations that can be determined by the trademark.But in comparison,it is more reasonable to continue to use the "unique name of well-known products" in the old anti-law.At the same time,"confusion" should also be defined as the possibility of confusion and cross-class confusion.