The Study On The Solution Of The Conflict Between Of Industrial Design And Copyrights

Rights conflict is a common legal phenomenon. And it is ambiguity between two or more rights entities. Therefore if one exercised his rights, then it would hinder another. Because of the particularity of intellectual property in the field of IPR, that's to say the intellectual property is very intangible, so one thing may have many rights and it is very common that some rights conflict have happened. There are many reasons for these, for example, the laws would be imperfect, and the level of social development and concept of legality also have significant influence. So the problem of rights conflict has been paid more and more attention.The industrial design is one of the important objects of IPR, and it has not only the copyright but also the industrial capital. The Copyright Law of The People's Republic of China protects the expression of ideas and the industrial design is also one kind of the expression of ideas. But the Copyright Law of The People's Republic of China is not very clear to protect the industrial design or to exclude it. Then rights conflict occurred. The current solution is included in Patent Law of The People's Republic of China and Implementing Regulations of The Patent Law of The People's Republic of China.Because of the rule of "protecting the 1st rights", the copyrights of industrial design are declared invalid. And it is not conducive to the development of harmonious society.So it has explained the solution of the conflict between of industrial design and copyrights from several aspects, for example, Philosophy of Law, Sociology of Law, Law and Economics ect. This paper is divided into four parts except the introduction and conclusion. The first part has introduced the theory of rights conflict, and compared with each other. The second part has analyzed the reasons and the nature of the rights conflict. The third part has explained legal basis of the solution in current laws and some problems of the legal proceedings. The forth part has proposed the improved solution and some advises. It hopes that the system of copyrights should be improved as quickly as possible and also the proceedings of the right relief according to principles of protecting the first rights. It would reduce the rights conflict fundamentally.