Research Of Rights’ Confliction Of Industrial Design

Conflict of rights is a universal legal phenomenon. It will more easy to happen becauseof the particularity of the intellectual property’s object.With chinese judicial practice moreand more deepening, the research of the conflict of intellectual property aroused wideattention and actively explore from scholars.Patent law of the People’s Republic of China formulate industrial design should create anaesthetie feeling. It means this design would have originality and ideology from designer.Therefore some of those design may will be overlapping with works protected by copyrightlaw. Industrial design is compose of shape/pattern or their combination, or combination ofcolor/shape/pattern. So some of them which have identity may will be overlapping withtrademark protected by trademark law. Numerous industrial designs are graphic design suchas overpack and so on. It may will be overlapping with well-known merchandise’s packagingor decorating. If a industrial design is original, identity and in the formation of long-term usein its own unique decoration, it may be able to be the objects protected by patent law,copyright law and anti-unfair competition law simultaneously. However, when these objectsbelongs different subjects, it is likely bring about conflict which is difficult to solve. Becauseevery subject perform his right on the basis of legislation. To a certain extent, it willencourage and condone the infringement, and damage to the interests of intellectualproperty’s right. Even more important is the developing of industrial design’s standard wouldbe unfavorable. Therefore, the issue that rights’ conflict of industrial design should beattached highly concerned.The chapter I first introduces the research background and significance of the rights’conflict of industrial design, then provides a comprehensive analysis of the research status andpoints inadequacies. And it include a brief description of the content of this study and researchmethods. The chapter II is the analysis of basic theoretical issues by clearing the existence ofrights’ conflict and worthy of research, limiting the scope of industrial design and definingrights’ conflict of industrial design. All of these constitute the theoretical foundation and basisfor analysis. The chapter III discuss the manifestations of the conflict through some typicalcases(conflict between the rights of industrial design and copyright/trademark right/use rights of well-known merchandise’s unique packaging or decorating), and analyze the causesof conflict. The chapter IV research existing mode of soluting the rights’ conflict of industrialdesign and point its problems. The last chapter discuss the enlightenment to China fromforeign experience about the solution of the rights’ conflict. At last this paper propose someideas and suggestions to improve chinese industrial design protection, that is based oncoordination conflict between industrial design patent rights and the prior rights, to change inthe legislative mode of industrial design, to improve the examination system of industrialdesign patent licensing, and to construct a reasonable supporting measures.