On The Design Protection Mode Of Study

Designs both technical and artistic, making it the object of intellectual property rights and other characteristics of a similar nature to decide it can be a variety of intellectual property protected by law. These related to the scheduling of intellectual property law, constitutes a design protection mode. As national legal traditions and systems design and value orientation, and other factors the different and thus lead to the design protection mode there are inevitable differences. But the design of the Legislative Council of a technical nature, characteristics of a convergence of their legislation and universal application. Therefore, the study of international law on the design and framework for the protection of the national law on the protection of different design patterns, you can find the current international protection of designs on the model of legislative trends.China's legislation on the protection of designs began in the 1980s, was due to the urgent needs of economic development, protection of intellectual property rights in the theory and practical experience in a very weak case, the design hasty legislation, will be placed in designs Patent law under the protection of areas. Now, after the test of time, China's current design protection model began to appear inconsistent with the requirements of the times of the defects, there is an urgent need for innovation.Based on the analysis to design protection model of international legislation trends, and China will present their designs to protect the control mode to find patterns of China's protection of the omissions and deficiencies and then put the Zhuojian innovation. This article discussed from the start of four parts:Part I: Overview of the design concept and its basic features as well as legal protection. Although the concept of design in various countries have different interpretations, but some of the basic design features has been a national consensus, which is in the legislation in different countries can learn from each other on the basis of. Designs both technical and artistic quality of the special attributes, leading to the legal protection of their cross, and how these cross-presentation of the law, the way different countries, design protection must also showing a model diversification. Part II: Summary design protection mode of diversification. Members of the international law on the minimum requirements of the national legislation of guiding significance, the paper first exposition of the international law framework for building designs, on the basis of the respective countries on the typical design used by the protected mode, the last comprehensive protection of international law The framework of national law and the protection mode, to identify the current international protection of designs on the legislative trend, as China's protection of designs perfect model of reference.Part III: Overview of the current designs used by the protected mode, constitute the main mode of its laws and legal support on these two parts. On this basis, mainly from the omission on the scope of protection and rights of the content of the conflict in these two areas, to identify patterns of design protection in the presence of defects. At the same time, but also on China's rights in the existing mode of conflict resolution in a reasonable way of analysis, the right to solve this conflict demonstrated the effectiveness of the terms.Part IV: China to improve the design of new ideas. First, the scope of protection to make up for omissions on the way. Second, the analysis of China's current design protection pattern formed on the basis of historical reasons, based on China's national conditions, at the same time learn from foreign legislative experience, to provide the legal protection of designs for new format.