追续权的立法构想

On the Legislative Design of the Right of Pursuit

知识产权法利益平衡原则是追续权的理论基础,文化产业振兴的时代主题凸显了追续权立法的社会基础和思想基础,著作权法的第三次修订是追续权入法的良好契机。著作权法保护作者权益的宗旨与保护公共利益的双重目标,决定追续权只能由作者及其继承人享有,其对象范围应限于艺术作品的原件,著作权法应当对追续权的行使条件、方式和有效期作出具体规定。

The principle of interest balance in intellectual property law is the theoretical foundation of the right of pursuit, and the era theme of revitalization of culture industry highlights its social and ideological foundations to make law of the right of pursuit. It is a good opportunity to adde right of pursuit into law when the copyright law was being revised third times. The dual goals to protect the rights and interests of author and protect the public interests decides that the subjects of right of pursuit should be limited to the author and his heirs, the scope of its objects to the original art works. The copyrights law should make specific provisions on exercise conditions, ways and effective period of the right of pursuit.