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A Study On The Legal System Of French Design

Posted on:2015-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:W HanFull Text:PDF
GTID:2176330422473097Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
In the process of the transformation of economic development mode, the design legal system asan important intellectual property system, more and more attention has paid by people. With theprogress of China’s economic transformation, product that design objects relying on also will bemore extensive, expanding from the traditional textile, machinery and other industries toemerging electronics, information and other fields. France has the world’s first " IntellectualProperty Code " is the first issued by the "Designs Act". Intellectual property protection in Francehas been relatively stable, which also largely contributed to the technological and economicdevelopment of France. In particular, the design law is relatively mature legal system, thesignificance for the promotion of French design industry is also self-evident. This paper, as thebasis for "Intellectual Property Code" of January2014, launched a study of the France designlegal system, citing2007-2013portion of the case with evidence. Legal and proceduralrequirements section on the substantive elements of the design as the core of the discussion,focusing on the French in the process of protecting the rights of the design, to define the scope ofthe design and effectiveness of the identification.The first part starts from the substantial part of the design. First, a detailed analysis of theFrench design concept and design relationships with other forms of intellectual property rights;Secondly, detailed designs applicable to the novelty and originality for a useful discussion;Finally, complementing the protection of design rights subjects, duration, etc.The second part deploys from the partially of the design process. Invalid registration proceduresand registration procedures were fully discussed. Finally add summarizes the rights granted to theFrench design. Through theoretical analysis and specific cases, a more comprehensive andthorough system of French designs were analyzed and discussed.In China, the design legal system is subject to adjustment and the protection of patent law. Thisis similar to the United State, but most of the world is different, and also is different from"Trade-Related Intellectual Property Rights Agreement" under WTO. In practice, design patentprotection system has some flaws, so learning from France alone protection system design can besupplemented by scientific design protection for the Chinese way, even for China might look inthe future design of separate legislation to protect, regarded as a useful exploration. Meanwhile,the rational design from France, some of the advantages related systems, perfect for our legalsystem is also helpful.
Keywords/Search Tags:France, Designs Act, concept, eligibility criteria, registration process
PDF Full Text Request
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