创意的法律保护模式选择及设计-法律专业论文.docxVIP

Abstract Whether from legal and economic value or systematic for consideration, Creativity are necessary to be protected by law. But Creativity’ legal protection is a difficult problem both in theory and practice. Creativity are the foundation of intellectual property rights, whose various objects are Creativity in essence, and these relations between Creativity and objects of intellectual property rights are deemed to play a key role to the legal protection of Creativity. In America, whose intellectual property rights are well-developed, has passed precedents and form some legal protection methods of Creativity, but there are still some problems. With analysis, we can draw the further conclusion that seeking legal protection in the traditional civil law of Creativity is difficult. What’s more ,the existing intellectual property system are unscientific and improper in some ways.The effective way out is to establish a special law to protect Creativity in the intellectual property system, and public sphere theory, the ideological expression of identity theory, the market function theory should be put forward ,because the intellectual property theory is not yet strong enough to support the system and it also can make some breakthroughs in the protection methods of the existing intellectual property . Building special law protection patten for Creativity has used patent system for reference mainly, and made some amendments in the fields of seting up right,protecting ways ,prtecting years and so on. On one hand, these amendments is for harmonizing the protection of Creativity and Intellectual property rights,on the other hand, these amendments are also inevitably demands guided by legal protection basic theory of Creativity. Key words: Creativity;Intellectual property;Patent right;Copyright 目 录 HYPERLINK \l _bookmark0 引言 ....................................................................................................................................................1