著作权法公有领域的法律保护

The Protection of Public Domain of Copyright Law

公有领域是知识产权法上的十分重要的概念,在著作权法中尤其应该值得重视。一般认为,公有领域是社会的公共财富,社会成员皆可自由之利用。但这并不意味着著作权中公有领域是不受法律规制的法外领域。相反,它不仅受著作权法的调整,而且在某些特定条件下还可能受到相关的商标法、反不正当竞争法和物权法的调整和保护。

Public domain is a very important concept in intellectual property law, especially should be worthy of more attention in the copyright law. Generally believed that the public domain is the community＇ s public wealth, the members of the community can use for freedom. But this does not mean that copyright law on the public domain is not subject to legal regulation in the field of law. On the contrary, it not only by the adjustment of the copyright law, but also in certain specific conditions may also be related to the Trademark Law .Anti - Unfair Competition Law and the Law on Real Right and the protection of the adjustment.