중국에서의 방송포맷 보호에 관한 법률적 검토- 저작권법과 부정경쟁방지법을 중심으로 -

We have been exporting broadcasting contents due to the influence of the Korean wave in China. In case of a drama, it is exported officially through a copyright agreement, but entertainment broadcasting plagiarism conducted indiscriminately and pointed out as big issue is increasing in China. Therefore, we examine availability of protection on legal status of TV format, Copyright law and Anti-Unfair Competition law in China, the most intrusive country and importer of broadcasting formats. China’s Copyright law has protected literature, a work of art and a scientific work that are narrower than the Copyright law in Korea. The subjects that copyright protects are creative expression of ideas and emotion, not ideas and thoughts themselves. TV format is mostly an idea that cut the creative element off, so it is not easy to argue for copyright infringement. In addition to, even if it is brought to court, it is rare to file an infringement suit in a rapidly-changed broadcasting market because the expected profit is very little. Protection by general provisions and business secret of Anti-Unfair Competition law besides Chinese Copyright law could be considered, but this is also not easy. To sum up, copyright of TV format cannot be recognized as an infringement under the current Chinese law. Regarding the view of protection of TV format, USA, England and Korea have a negative view, whereas Japan, Northland have favorable views. However, there is enough possibility for legal protection of TV format, considering its economic value and ripple effect.