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The Choice Of Legislations Patterns Of Industrial Design

Posted on:2009-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:T HuFull Text:PDF
GTID:2166360245990709Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As an important kind of object in intellectual property, industrial design exhibits our pursuit both in material and spiritual area. With the development of society and economy, the industrial design plays an increasingly important role in improving the competitiveness of production in the market .In our country, we take industrial design as well as invention and utility model under the protection of Patent Law, also it may obtain the protection of Copyright law, trade mark legislation and Anti Unfair-Competition Law because its own quality satisfied their protection conditions, but there aren't any stipulations in linking these laws, so it caused the blanks and disputes when handling the operation of protection. Added with the poor operation in the practical situation, it can't satisfied the urgent need of Looking over to the industrial design legislation in various countries, there are several kinds of different legislations patterns. Some used protection way of patent law (American, Chinese etc); some used dual protection way combined by copyright law and special law to (France, England etc); some have selected protection method of special legislation (Germany, Japanese etc). Numerous ways of protection patterns are caused by different understanding in industrial design which is the combination of technologies and arts. We should protect industrial design in special law because of its development tendency and its own characteristics.Firstly, looking from the comparative law, the pattern of special law gradually becomes a tendency in industrial design's legislation. More and more countries are choosing the special law model to protect industrial design; some other countries also change their ways to protect industrial design in this special way .Although it is needless to protect industrial design in a special way in some relative international treaties, its attitude of taking a special law to protect is bringing out.Secondly, from the character of industrial design perspective, industrial design both has the quality in technology and arts. Industrial design is different from invention and utility model because it contains the art skills to some degree; and it differed from work of art that contains more art skills; while in nature it also differed from unique package and decoration of commodities and trademark. It is farfetched to bring the protection of industrial design into the pattern of patent law ,copyright law,or other intellectual property. From the perspective of legal theory,the relationship of subject and object in the law determines the constitution of systems of laws, the frame of the system of law on industrial design is also determined by the nature of the object by the industrial design.Through the above comparative analysis, we may draw such a conclusion: we should use the special law to protect our industrial design.
Keywords/Search Tags:Industrial design, Protection model, Quality, Special law pattern
PDF Full Text Request
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