Abstract:

This paper analyzes that it is not appropriate to extend the right of format design to the network communication by amending the Copyright Law Article 36 from the perspective of legal hermeneutics, copyright international treaties and the existing domestic judicial practice. On this basis, the author suggests that during the third revision of Copyright Law, lawmakers can consider the abolition of the Copyright Law Article 36, then the format design will be embedded the Copyright Law and Anti-Unfair Competition Law, instead of considering the format design as the neighboring right to be protected.