博物馆文物藏品的知识产权保护初探——由一起案例引发的思考

知识产权法律制度在我国是舶来品,在文物、博物馆界对知识产权的保护存在认识不足、未给予重视的现状。文章从一起博物馆馆藏一级文物形象被他人抢注为商标为因,提出了博物馆有必要对文物的知识产权给予保护;同时,结合我国《文物保护法》争《商标法》的现行规定,提出了立法应当给予关注的思考。

The Intellectual Property magagement For the collections in Museum

The intellectual property law system is introduced from the western contries. It is a newborn in almost every fields in China,and is also undervalued by the staffs who are engaged in museums nowdays. This essay focus on a case that the image of a highlighted artwork in museum collections was registered by a company and under this case, the author thinks museums should pay great attention to the intellectual property management on its collections; meanwhile the laws and regulations related this issue also need improve in order to fit in with the need of the society.