The Survey Of Design Protection Mode

Industrial design is a special kind of legal object, and protected by intellectual property legal system. It's technical and artistic attributes makes it not only meets the requirements of patent law but also copyright law, trademark law, unfair competition law and other kinds of intellectual property law. Meanwhile, at the international level, because of the special features of industrial design and the difference in the area of national circumstances, legal tradition, values and other factors in different countries, there exists a variety of design protection mode in the world. The three most typical protection mode are the special protection mode which represented by Japan, South Korea and the European Union; the patent law protection mode which represented by the United States; and the double protection mode of design law and copyright law which represented by the United Kingdom and France. Study the trend of design protection in the relevant international conventions and the evolution of design protection mode in representative countries or regions can roughly draw the current legislative trends of design protection mode, and thus learn to improve our legal system of industrial design.In the 1980s, in order to meet the urgent needs of economic development, China introduced intellectual property protection system from abroad in the case of lacking practical experience. Therefore our intellectual property legal system satisfied the industrial design within the protection scope of the Patent Law in accordance with the practice of the United States from the beginning. Then with the economic and social development, the Patent Law serving the industrial design as an protection object has not been any changes even it has been amended three times. From the running of the patent system of industrial design, our design protection mode could no longer meet the present situation of our society and the human's needs. Therefore studying the trends of protection mode in the scope of the world's major countries or regions and comparing it with our design protection mode to find the defects and improve the intellectual property legal system of our country has a great theoretical and practical significance. The article is divided into four parts to discuss the issue:Part I:Mainly on the general analysis of industrial design protection, including the design concept and its special features as well as the legitimacy of the industrial design protection. The evolution of the definition of industrial design also reflects the process of the design protection mode. Because of the special features of industrial design, it meets the requirements of a variety of intellectual property law, and accordingly showing a variety of features in the protection mode. The legitimacy of the industrial design protection indicates that whatever the theory itself is, it can not complete the task alone. Perhaps it's also the theoretical origin that there are still a variety of design protection modes in the world.Part II:Comparison study on design protection mode of the representative countries in the world. The international conventions related to industrial design protection did not specify what form its member states should take, so it only has a guiding significance for the domestic legislation of each State. This section first examines the international protection of industrial design and then focuses on three design protection modes to analyze that the specialty law of industrial design mode is more in line with international trends and meets the protection requirements better.Part III:Overview of the design patent system and the multi-mode industrial design protection in China. By analyzing the patent law protection and other complementary legal protection, introduce the conservation status of designs and the omissions and conflicts in this mode comprehensively.Part IV:Point that the specialty law of industrial design protection mode ought to be the sexual selection. Firstly, analyze the inadequacies of our industrial design protection mode; secondly, point the advantages of the specialty law of industrial design protection mode by comparative analysis; finally, on the basis of the above proposed several legislative proposals to perfecting our industrial design protection mode.