Font Size: a A A

The Research Of The Same Or Similar In The Judgment Of Design Infringement

Posted on:2013-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:S H ZhuFull Text:PDF
GTID:2296330431461850Subject:Law
Abstract/Summary:PDF Full Text Request
Through learning the thesis of design protect of domestic and broad, besides combining the practice of design protect, the author will explore the principles of judgment of the same or similar design in design infringements. It will involve the concept, Characteristics, subject judgment in design infringement, objects of judgments in design infringement and the principles of judgment in design infringement, which are the most controversial. After researching the questions above, the author will make recommendations to improve the principles of judgment in design infringement, in order to contribute to the judicial practice.In the preliminary examination, invalidation examination and infringement judge stage, it will judge whether are same or similar between the design products and the other products. It has large range of scope of the review of the same or similar judgments in the preliminary examination, invalidation examination. Any products which are same or similar with the design product is the comparative design, however, in the judgment of infringement,the judgments are limited between the design products and the infringement products. From the practice of the states, the subjects of judgment are also not same. The thesis will be focus on the same or similar in the judgment of design infringement.The thesis has four main parts:The first part mainly summarizes the American and the Britain’s standard of judgment of design infringement, especially the American. American is not the earliest country to protect the design, but the standard of judgment of design infringement is the fastest development. American established the fundamental principles of the judgment of design infringement, though three Judicial precedents.The second part mainly researches how the product use affects the product classification and how to affect the judgment of design infringement further more. Although this part begins with the limitation of the product classification and analyzes what the influences to the judgment of the design infringement with some countries canceling the product classification. But though the comprehensive analysis, the final conclusion is that the product use should be the standard of product classification, which also need to be amended to make the standard perfect. The author researches the exception situation, commercial switch, and analyzes the two requirements.The third part mainly researches the subject of judgment. It is most controversial. There are general customer theory, which includes purchaser theory and user theory, and ordinary designer theory. The author analyzes the differences between the design and the Invention or Utility Model, and demonstrates it should take the general customer as the subject of judgment with analyzing the nature of the object of the judgment, legislative value and the most countries practices.The last part mainly researches the judgment standard of design infringement. Currently there are two main standards in the theoretical circles, which one is confused standard and one is the standard of innovation. According the laws and regulations, the author raised the amended confused standard and qualitative analysis.
Keywords/Search Tags:design patent, the fundamental, principle of judgment, of designinfringement, the product classification and use, subject of judgment, Confused standard
PDF Full Text Request
Related items