Intellectual property protection for works of applied art

Abstract

The legal protection extended by the statute laws of China on works of applied art could be overlapping while sometimes is conflicted and inadequate in practice, due to the fact that works of applied art are of both practical and artistic nature. The authors suggest approaches for improvement in both legislation and judicial practice based on the current statue laws and case studies. The authors propose the creation of a multilayered protection mechanism for China's intellectual property law system, which stresses protection by the copyright law, with protection by the design patent law as an essential supplement, and enhanced by the comprehensive application of the trademark law, the anti-unfair competition law, and other related laws and regulations.