Industrial Design On Intellectual Property Legislation

With the development of market economy, industrial designs in the world's growing influence, industrial designs, protection of intellectual property rights at home and abroad has caused a long-term concept note. From an international perspective, a number of international conventions on industrial designs by the protection. "Protection of Literary and Artistic Works Berne Convention," "Paris Convention for the Protection of Industrial Property," "international protection of industrial designs of the Hague Agreement," "Trade-related Aspects of Intellectual Property Rights agreement" constitutes a major international law on the protection of industrial designs in the framework . Many of the world's least developed countries and regions have established industrial designs of the relevant laws and regulations, these countries and regions of industrial design protection of intellectual property rights become more perfect.By contrast, China's industrial design of the relatively weak protection of intellectual property rights, did not keep up with real needs. The choice of model legislation, protection of industrial designs of the period, industrial designs, the award criteria, industrial design infringement and industrial design standard classification, such as how to study and resolve outstanding issues.In this paper, to study industrial design protection for intellectual property legislation, is divided into five parts:Part I: Introduction. Topics include the reasons, of the status quo, of the ideas, content and focus mainly on the way.Part II: Summary of Industrial Designs. Including the concept of industrial designs, feature, industrial designs similar to their concept of the difference between the protection of industrial designs. This article refers to industrial designs for industrial products, full of beauty, to attract the public with novelty designs. Of its industrial products as the carrier, is the product of the shape, design or combination, as well as its color and shape, the combination of the logo design, a novelty, full of beauty, and other features. Industrial designs and works, patents, trademarks, practical works of art is essentially the difference. Industrial designs in China for the protection of the more rigid - 10 years. Industrial designs of the scope of protection should include: the shape of products, product design and product colors. Industrial designs for the public to know before the design and industrial design is part of the functional should be excluded from the industrial design from the scope of the.Part III: Chinese and foreign industrial designs comparative study of intellectual property rights legislation. On the current international law and the world's least developed countries in the industrial design legislation. So far, industrial designs, the main framework for the protection of international law by the "protection of the Berne Convention for Literary and Artistic Works," "Paris Convention for the Protection of Industrial Property," "international protection of industrial designs of the Hague Agreement," "Trade-related Aspects of Intellectual Property Rights Agreement "Constitute. International law on all countries not to impose the protection of industrial designs the way. Different countries have adopted the protection of industrial designs are also different ways. Mainly as follows: single and multi-model legislation to protect the legal protection mode. A single model legislation to protect the representatives of countries (regions) are: the United States, Japan and the European Union. Multi-model legislation to protect the representatives of countries are: United Kingdom and Germany. Is generally believed that China's Patent Law to protect national model. After comparative study of this paper, draw the following conclusions: first, industrial designs, protection of intellectual property rights in international law, the attention, a certain framework, 2, industrial designs special legislation model has become increasingly mature, 3, industrial designs For the protection of increasingly flexible and adapt to different types of industrial design needs of 40, most countries have been on the use of industrial design product classification, 5, the review of industrial designs There are two main ways: rigorous review methods and non - Strictly examine ways.Part IV: China's industrial design of the existing legal and legislative thinking. This article holds that China's industrial design of the existing legal problems include: 1, model legislation has been growing by less than the actual needs, 2, non-substantive review process does not apply to all industrial designs, 3, fixed Protection period is not conducive to the protection of different products, 4, industrial design standards and infringement award criteria blurred, and so on. To address the above problems, learn from foreign advanced in the system on the basis of this paper made the following recommendations: 1, in the future legislature adopted special legislation to protect mode, 2, the protection of industrial designs for the implementation of differential treatment system, 3, Industry For the design review process implemented differential treatment system, 4, fashion products of industrial design should be given for the protection of a buffer period, 5, in the next legislature to industrial designs in clear and specific standards and the mandate of infringement standard, 6 , In introducing legislation in the future, "the international design classification."Part V: Conclusion. On the full text of the summary.