| For a better patent protection for Chinese enterprises' product appearance design, the author has undertaken a deep discussion and research on the related legislative issues through adequate documents study and persuasive argument. The article has raised new ideas on patent protection which could contribute to the improvement and perfection of domestic laws. There are 4 chapters in this article.Varies of conceptions to Appearance Design from different countries. Major documents studied are the existing documents such as the protection of industry out designing Paris pact and some international pacts, at the same time, I also study the definition from the law system of American, Japanese and Europe alliance, providing the accordance of international law system, we can better understanding our out designing law system.Chapter 2: China patent coverage for appearance design. The contents include conceptions by Chinese law, patent award conditions, patent protection subjects, and exemptions. It also stated urgency of legislative protection on appearance design patent of automobile, clothing, toys, and etc.Chapter 3: Appearance design patent models. The author described models from WTO, the United States and Korea. It further compared foreign models with Chinese models to suggest on measures to deepen Chinese patent protection.Chapter 4: Legislative remedy on patent infringement. It discussed infringement recognition standard, and further researched on conflicts between patent law and unfair competition law, complement and conflicts between appearance design patent law and other intellectual property law, and law loopholes on industrial products appearance design patent. The chapter proposed on a complete set of laws.The knowledge and research capacity for should still be limited, and I look forward to critiques from professionals for improvements. |
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