Abstract

Copyright systems include different types of works under the scope of protection, including—among other things—literary works, musical works, artistic works and phonographic works. Copyright protection of works of applied art or useful articles is an ongoing issue for judges, practitioners and scholars to ponder, as works of applied art have both utilitarian functions and aesthetic features. On the one hand, copyright protection should be extended to the aesthetic features in order to achieve the purpose of establishing copyright systems for stimulating creations and preventing any third party from copying the creative design. On the other hand, works of applied art are mass-produced for the public’s normal use in everyday life. Over-protection of works of applied art that prevents any third party from imitating the functional aspects will impede the development of industrial design and competition. Therefore, it is important to develop an appropriate approach to examine copyright protection of works of applied art, taking the balance of interests into consideration.

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