珠宝首饰设计的著作权保护

Copyright Protection of Jewelry Design

我国珠宝首饰设计的抄袭仿冒现象严重,知识产权侵权现象十分普遍。维持珠宝首饰设计的创新性,保护珠宝企业及其设计师的利益,本文对珠宝首饰设计著作权保护等相关问题进行了讨论,以珠宝首饰设计的分类与特点为切入点,提出了适用于著作权法保护的珠宝首饰类型。重点讨论了珠宝首饰设计的著作权侵权方式、侵权判定以及维权措施和流程;分析了珠宝首饰设计的其它法律保护形式;针对相关法律和珠宝企业提出了一些设想和建议。从分析与讨论中,得到以下几点认识和建议:(1)具一定创意价值、生命周期较短、款式更新快的商业首饰和艺术首饰才能作为著作权保护的客体;(2)珠宝首饰设计的复制权侵权行为的判定可按照分离、排除和对比3个步骤进行;(3)我国珠宝企业可采用以行政手段为主,司法手段为辅的方式来进行著作权维权;(4)《专利权法》《反不正当竞争法》可对珠宝首饰设计著作权法的保护起到补充作用;(5)对珠宝首饰设计等实用艺术品进行单独立法是今后的发展趋势。

The plagiarism phenomenon of jewelry design is quite serious in China. Most jew- elry products sold on the market are modified or even copied just according to jewelry from the international famous brands. Infringement of intellectual property rights is common, which seriously weakens the enthusiasm and the innovation of jewelry design. In order to protect the interests of enterprises and designers, to improve the innovative and competitive- ness of jewelry design, to promote the healthy development of jewelry industry, the related issues of copyright protection of jewelry design are discussed in this paper. Based on the classifications and characteristics of the jewelry design, the jewelry types that are suitable for copyright law are put forward. The analysis of content and characteris- tics of the copyright law in China show that some jewelry design products can be regarded as the works in the copyright law. The commercial jewelry with creativity value and a short life cycle can be treated as works of applied art and art jewelry can be treated as pure art. Both of them carl be used as the object of copyright protection. Therefore, three categories of jewelry design protected by copyright law are as follows： firstly, the original commercial jewelry with complex and creative design; secondly, the commercial jewelry with change in general styles or common elements; thirdly, all the art jewelry. On this basis, the author focuses on the infringement act of copyright, the affirmation of infringement, the measurements and procedures of safeguarding rights of the jewelry de- sign. For the jewelry industry, the infringement behavior is the most common as follows： （1） The copy without any changes; （2） Imitation with slight changes; （3） The use of unau- thorized pattern. The affirmation of copyright infringement can be carried out by three steps such as separation, exclusion, comparison. However, the definition standard of similar de- gree still needs further study. The reasonable and effective measurements for safeguarding rights of jewelry design shall be taken for copyright infringement. Administrative measure- ments can be used with the help of copyright administrative department. Legal means can al- so be used by bringing civil lawsuit to local people court and often it is given priority to use administrative means to reduce losses. The other forms of legal protection of jewelry design is also analyzed. Since the ideas can＇t be protected by copyright law, it may not be able to curb the plagiarism phenomenon on the market effectively. The Patent Law and Anti-unfair Competition Law shall be supplement. Finally, some ideas and suggestions are put forward to improve relevant laws and jewel- ry enterprises. Independent legislation for practical works of art should be carried out under the framework of international conventions by China＇s legislature as soon as possible. How- ever, in the case of imperfect law, the measurements taken to protect the vital interests and crack down on infringement are concluded, firstly, to attach importance to the protection of intellectual property rights, secondly, to select appropriate legal to protect, thirdly, to be good at using various measures for safeguarding rights.