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The Research Of Authorization Standard Based On Chinese Design Patent

Posted on:2014-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:X L YuanFull Text:PDF
GTID:2256330425961021Subject:Law
Abstract/Summary:PDF Full Text Request
The history of human civilization is a history of design. In the man-made world,countless products and design are crystallized the wisdom and efforts of the human,therefore these gems of wisdom should be protected by law. The intellectual property,as a specific right, is monopolistic and exclusive in the legal protection. However, todelegate this power must be careful, in that the innovativeness of the designer is basedon the fruit of other’s labor including the public and individuals. Consequently, inorder to achieve a balance of interests between persons related with this power, theauthorization must not prejudice the interests of others. China has established theinstitutional protection of patent for more than30years, and the number of patentgrants and applications ranks first in the world. Nevertheless, China does not haveenough experience due to a relatively short time for the protection’s history, and a lotof references from other experienced countries have been used. For this reason, somelimitations of itself and urgent problems have arisen in the actual implementation.This paper starts with some preliminary description,which is about the selectedtopic background and research status from domestic to overseas.The chapter beganwith the definition and functions of the design patents, which illustrated the object ofChinese legislation for the design patents and summarized its authorization standard.Following this, the analysis for the standard of inventiveness and creativeness wouldexplain why industrial applicability and ‘with a beauty’ should not become anauthorization standard for the design patents. And then analyzed the authorizationstandard from the law in other experienced countries, and summarized their pros andcons to indicate the suggestions in Chinese legislation and implemented rules. Andthis chapter also analyzed and resolved the critical issue in Chinese authorization forthe design patents. Moreover, the comprehensions and judgments for some cases like:the inventiveness, distinct differences in creativeness, and conflicts because of theright’s achievement from others before have been written in the rest of this charpter.For the last,some proposals were put forward for the system of Chinese designpatents, including absolutely standing by the standard of inventiveness, modifying thejudgment’s subject for the creativeness standard, and implementing the essential andunessential censorships separately for industrial products.
Keywords/Search Tags:Design Patents, Inventiveness, Creativeness, Authorization Standard
PDF Full Text Request
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