Research On The Identification Of New Types Of Works On Open Form Of Type

After the Third revised,Article 3 in Chinese Copyright Law stipulates concept of work,and lists nine work types,among them other intellectual achievements with characteristics of work included in Item 9.This item becomes a strong legal basis for identification and protection of new type works,and means that Chinese legislative form of type of works changes closed form to open form.Now many kinds of new types of works are difficult to identify qualifications and types which are the key to judgment in China.Judges are faced with difficulties in disagreement in works’ qualifications and types.This thesis analyzes the problems and reasons of new type of work on open form and researches on extraterritorial experience in legislation and justice by analyzing related cases,in order to advancing proposals on identifying new types of works.The thesis consists of four parts.The first chapter expounds legislative forms on types of works and new types of works,including different legislative forms on types of works and identification methods,the change of legislative forms on types of works in China,and the concept and features of new tapes of works,which can provide a theoretical basis for what follows in the passage.The second chapter analyzes the judicial status of identification of new types of works in China from the kind of new types of works,the focus of controversy in cases and types’ identification methods,and dissects the problems and reasons of new types of works’ identification by summarizing classic cases.Specifically,disagreements on new types of works’ qualification and type are mainly due to unclear boundary between new types of works and other objects,unclear work qualification criteria,and misuse of types of works.The third chapter contacts the actual situation of our country to learns from extraterritorial experience in legislation and justice,which can identify new types of works more reasonably.The fourth chapter propose solutions to the problems.On the one hand,to identify new types of works must insist principles and clear constitutive requirements of work’s qualification which include general requirement,restrictive requirement and special requirement,so that the scope of work is more reasonable.On the other hand,to identify new types of works must be based on excluding eight legally prescribed specific types of works,quote Item 9 as a transition,and create new types of works by legislation as a necessary complement,in order to properly dealing with realistic problems of identification of new types of works in copyright disputes.