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独创性作为作品的本质属性一直是世界各国著作权立法的通例,然而各个法系国家对独创性的判断标准不尽相同。本文从英美法系和大陆法系对独创性的解释、思想表达二分法方面,对认定独创性应该注意的问题进行了对比与解释,以期对司法进步尽一点绵薄之力。
Originality as the essential attribute of a work has always been the general practice of copyright legislation in various countries in the world. However, the judgment standards of originality vary from different legal system countries. This article compares and explains the problems that should be paid attention to in identifying originality from the explanations of originality and dichotomy of ideology in common law systems and civil law systems in the hope of making a modest contribution to the progress of the judiciary.