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The Study Of Perfecting The Legislation Model Of Industrial Design

Posted on:2017-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2296330488986322Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
People’s requirements of materials in production and life have risen from the basic level to not only practicability but also beauty with the rapid development of economic and social life. Industrial design has played a more and more important role to improve the products’ market competitiveness. Our country has adopted a legislation model supported by the patent law and assisted by trademark law’s and copyright law’s protection. However, the properties of industrial design are very special. It constitutionally distinguishes from invention and utility model. The patent protection of industrial design takes the products as the carrier while a new technology has nothing to do with design was protected by the invention and utility model. Consequently, The stipulation of the three in the patent law will lead to an insufficient particularity and a poor operability of the rules of law, which can’t satisfy the requirements of protecting industrial design in judicial practice. Although the industrial design is also protected by trademark law and copyright law, the law hasn’t made detailed provisions about the relationship among various laws. On the contrary, the problems of blank protection and protection conflict would be produced.Except for our country’s patent law model, another two legislation models exist in the industrial design’s protection legislation from international community, in which the protection model of industrial design’s specialized law was adopted on behalf of Japan and Germany, while a double model protected by both industrial design law and copyright law was adopted by Britain and France.Seen from the comparison and analysis among the three kinds of legislation model, it has a significant advantage to formulate a specialized law to provide the industrial design a protection and most countries all over the world are tend to adopt the legislation model. The countries adopted another two kinds of legislation models are also trying to amend the law and making attempts to transform into specialized law model.In view of the unique properties of industrial design, our country should adopt specialized law model. To protect industrial design seen from the scientific legislation. The article has mainly researched the improvement issues of legislation model of industrial design from five aspects:Part I:A general analysis of industrial design and law protection included the concept, features and protection range of industrial design was carried out. The historical evolution process of indusial design’s protection model was also analyzed.Part Ⅱ:Inspecting the three kinds of legislation models in the main countries and introducing the corresponding countries’legislation characteristics, respectively as well as assessing and summarizing the three kinds of legislation models. It was founded that model of being protected by specialist law is more suitable for the protection requirements by comparison and analysis.Part Ⅲ:The legislation model of our country was emphatically inspected. A legislation model protected by combining the patent law with other intellectual property laws has been adopted by our country. The writer has analyzed the situation of industrial design being protected by trademark law and copyright law in detail as well as the malpractice of adopting the model of being protected by the patent law in our country.Part Ⅳ:The legitimacy of separately legislating to protect industrial design was interpreted. Starting from the authorization standard of industrial design and judgment standard of infringement, the writer has analyzed that there was essential difference between it and invention as well as utility model. The conclusion that it has legitimacy to separately legislate to protect industrial design was obtained.Part Ⅴ:The specific thinking of separately legislating to industrial design was introduced. It concluded separating industrial design from the patent law; improving the authorized threshold; improving the quality of industrial design; implementing different censorship with different categories and ways; appropriately prolonging the protection period.
Keywords/Search Tags:industrial design, legislation model, patent law, separate legislation
PDF Full Text Request
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