Design Patent Right And The Copyright Conflict Problem

In today's world, knowledge economy transformation to the great powers have nots allow to ignore, exterior design in upgrading of product quality level, stimulate consumer purchasing desire, the maximum value of product market is playing an increasingly important role. However in the provisions of the patent law and prior designs the lawful rights conflict will not be authorized or declaration of invalidation of the regulation, appearance design works and other intellectual property work completely isolated, causing the object reference designs not other good culture phenomenon, which is the appearance design, and encourage innovation has not adequately protect prior right legislation purpose.This is to encourage innovation, using interests, to reconstruct the balance concept design patent right and the copyright solution mechanism. Concrete is the patent right for a design, right to distinguish with copyright infringement and the conflict of rights conflict, the scope of the conflict is natural, there shall be acknowledged and distinguish treat. The scope of rights conflict further subdivision can distinguish right for all the conflicts and rights conflict, the former part of the range is simple, of course, does not have the obvious not authorized, But the latter should accord with the novelty, creative, even if there are such license shall be authorized to such conflicts, also need to consider the appearance design, whether the work of copyright infringement earlier; others' For infringing the copyright problem, can file a civil lawsuit, make its assume tort liability. Thus, in the physical appearance of the patent right for a design, the creative protected, prior holder can also pass the lawful rights of the effective ways to solve the patent law, so as to achieve the purpose of legislation to encourage invention-creation, In the process, determine the state intellectual property office patent infringement, the people's court functions and the judge function distinguish, don't cause entirely two organ function or excessive.This paper, besides introduction and epilogue outside six parts, more than 21,000The first part of the case, and clarifies the disputed points, which leads to the legislative cannot in accordance with the creative designs the patentee shall be protected.The second part and the third part of our system, introduces the copyright and patent right for design and the definition of the patent right for a design of copyright and solving mechanism. The fourth part of our present intention clarify the patent right for a design and copyright solution mechanism of such reason, namely the origin and avoid the conflict to avoid confusion of as foothold, Then combined with the United States, Japan, China, Taiwan's legislation of appearance design of protection shall be creative as foothold in China, and put forward the creative standard of judgment.The fifth part of the current conflict resolution mechanism in the entity and the shortcomings of the procedure.The sixth part new design patent right and the reconstruction of copyright, patent right for design and to distinguish the copyright infringement, and shall be authorized and, in order to distinguish the copyright and patent earlier appearance design of double protection. This section also discussed the new design patent right and the copyright of jurisprudence and the mechanism of solving realistic foundation, especially for the protection of copyright and the relationships are discussed in detail.