Study Of Intellectual Property Protection On Jewelry Design

The modern society of knowledge economy is based on the protection of intellectual property rights. As an important industry, the jewelry industry demands a good protection in the sense of intellectual property rights. With the raise of standard of living, the peoples'concept of jewelry consumption has changed. People take more attention on the designs of jewelry not the weight. In this way, the importance of jewelry design in jewelry industry emerged gradually. Therefore, it becomes an urgent need for us to utilize intellectual property right to explore international market for jewelry design.This paper aims to explore the best mode of intellectual property protection for jewelry design.Jewelry design, as a kind of industrial design and work of applied art, is determined by its own legal characteristics. Protection of designs is classified under the Patent Law, while statutes on industrial design is clouded by a term"works of applied art", which is explicitly mentioned as protectable under article 2 of the Berne Convention. China does not have a law specialized in protecting industrial designs. The inexplicit scope of protection leads to confusion regarding to the operation of protection system.Much of the researches are library and internet based. Herein quotes international conventions, important cases, and best country practices, while the article is emphasizing on the in-depth of legal concepts rather than the collection of data on a great deal of cases. Via the analysis of insufficiency of Chinese current legal system and several legislation propositions on"industrial design"and"applied art", the conclusion is brought that the mode of"specific law protection"is strongly request and supported. Moreover, in the paper several macroscopical and microcosmic suggestions are given to jewelry enterprises, so that the Chinese jewelry designs can enjoy a more suitable and powerful intellectual property protection.