论实用艺术作品的著作权保护.pdfVIP

Abstract Abstract Works of applied art is the product of the material civilization development, there are many works of applied art in our life. Both handmade works of applied art and industrialized production are stained with maker proceed from the intellectual achievements.In this paper, starting from the characteristics of works of applied art, then to discuss the the protection of copyright of works of applied art. And how to solve the conflict between Copyright and Patent right. Works of applied art are specified in the Berne Convention ,but there is no specified in our Copyright Law.Works of applied art have both practical and artistic usability . If you can’t separate the two qualities , some works of applied art will not be protected by copyright law,it is not a good thing to the writer.But if you use copyright and patent right at the same time ，it will have overlapping rights impede the industrial progress.So how to protect the right of works of applied art’s author and keep balance between intellectual property and promoting industrial progress is a focus of the scope of copyright protection. Based on the result of the difference between works of applied art and similar works, Outlines the scope of works of applied art itself. While through the experience from abroad to discuss works of applied art in the patent and copyright to choose which model is quite reasonable. The first part of the article is an overview of works of applied art. Compared the works of applied art properties with other similar works, we can clear that works of applied art as an independent protection object being necessary. This is also the progress of copyright