Research On Industrial Designs Protection Of Copyright

In this age of “design creates fortune”, the product’s appearance design is themost visual and concrete way to close to consumers and businesses. The consumerspursuit more beauty and personality which forces appearance design becomes thedecisive factor to purchase products, and then be the decisive factor to realize thevalue of the products and capture the market. And since appearance design acquiresprotection easily and its cost input and maintenance costs are lower relatively, thoseadvantages are more appropriate for the characteristic of the faster updating speed ofproduct in commodity economy times, and countries all treat appearance design as animportant developmental strategy. However, industrial design spans both art andindustry. It belongs to new design of industrial product which is protected by patentlaw, and it contains art that designer produce the work by his own creative activitieswhich obtain the protection of copyright law at the same time. Appearance design isin between patent law and copyright law, those two independent areas gain anintersection in practice. Although China has established the legal system ofintellectual property which seems all inclusive, it is laking in details and is abound inpoorly conceived parts in fact. In addition, there is a different understanding forappearance design patent law between the judges, between the courts, between thecourt and the Patent Reexamination Board, between authority and scholar which leadsto the same case is so different in the result of the law. And it exposes some facingproblems on our judicature as well.The thesis is composed of six chapters. The first chapter is introduction. Thesecond chapter analyzes the judicial status of industrial product’s appearance designfrom the judicial typical case of industrial product’s appearance design, and dissectsproblems in judicial practice from them. Chapter three expounds the concept ofindustrial product’s appearance design in a process of legalization and the relationshipamong industrial product’s appearance design, works of art and works of applied art.Chapter four is the keystone of this paper. It classifies the coincident parts betweenindustrial product’s appearance design patent law and industrial product’s appearancedesign copyright law from the aspect of theory and practice. And then, it discusses thedifference between the innovation standard of industrial product’s appearance designand original standard of copyright law from the aspect of theory and explores thecoincident object between copyright law protection and patent law protection from the aspect of whether industrial design is the reproduction of copyright works. Chapterfive introduces and reviews the protection system of industrial design abroad. Chaptersix negates the feasibility of pure legislation for industrial design under the presentmechanism which produced those problems. Then, the chapter puts forward myselfsome views on improving the present settlement mechanism and some confusionthrough adopting different protection patterns for different coincident situation inindustrial product design and copyright law.