著作权法中思想与表达两分法原则含义

Interpretation into the Principle of Dichotomy of Thought and Expression in Law of Copyright

思想与表达两分法原则被称为著作权法的基本原则。我国目前仅在《计算机软件保护条例》中对思想与表达两分法原则进行了规定,而著作权法却没有确立这一原则。有必要在著作权法中确立这一原则,并在司法审判中使用与之相配套的方法论。

The principle of dichotomy of thought and expression is regarded as the basic principle of the law of copyright. The definition of the principle can only be found in the Protection Byelaw of Computer Software in China, while it is not established in the law of copyright. The article holds that it is necessary to establish this principle in the law of copyright and apply to the matching methodology in judicial practice.