Research On Industrial Designs Protection Of Intellectual Property

During 20 years of the patent system development history, our research focused on the invention patent and utility model patents in the early establishment of the system. Because in the market economy, emphasise on patent and utility model protection technology could promote the technological progress quickly and bring economic benefits in a timely manner. Therefore, the first and second changes of patent law legislation were mainly aimed to modify the invention and utility model. With the economic development, science and technology being into a certain height, people's choice will be the impact of technology, but this influence is declining. In contrast, the design requirements of people have been continuously improved. "Designed to create wealth" has become more and more consensus. As the world's factories we seek urgently from the "Made in China" to "Chinese wisdom made" transformation. Compared with inventions and utility models, designs require smaller investment. Small enterprises, or individuals engaged in the arts can complete it independently, and it is easy to use, costs low. Our awareness of the patent system is gradually improved. It will make the invention, utility model and design the coordinated development. Design patent system was neglected as a short board. It gets more and more attention now. At present, as a good example, China's design patent is the first in the world.Industrial design is a special kind of patent.Due to both technical and artistic, it can be subject to multiple legal protection of intellectual property. This article focuses on industrial design of the multiple conservation status, and deeply analysis design patent protection, copyright protection and protection of commercial identity. Patent protection is the primary protection methods. In the process of introducing the patent protection, it is focused on the existing legal norms, the substance of design patent licensing violations occur when the conditions and the identification and relief. Copyright is a secondary means of protection. I introduced the object of design as the conditions of copyright protection, the way to obtain protection, and protection of industrial designs, copyright and patent protection are compared. Business logo are secondary means of protection. Designs are divided into non-registered trademarks and registered trademarks are taking different approaches to protect:the appearance of design as a trademark may be subject to trademark laws, but have not registered as a trademark the name peculiar to well, packaging, decoration cannot be anti-fair competition laws. Overlapping design protection rights because the possibility and legitimacy, rights protection of the rights in the choice of freedom to choose the best way to protect their own, the article uses the perspective of several different ways to make comparisons of four protection for considerations in choosing the right time. Next, I put forward legislative proposals for national conditions of China, and comparative analysis of extraterritorial legislation, learn from their advanced technology legislation and legislative concepts, and ultimately to the right of legal advice on industrial designs.