Study Of Intellectual Property Protection Mode Of Jewelry Design

This research attempts to explore the protection mode for intellectual property rights of jewelry design pattern and related issues. The first part of this thesis introduces the research status of the intellectual property rights protection and the research methods of this thesis. The second part introduces some concepts of jewelry design. According to the artistic quality, practical and technical of jewelry design, the third part is focus on the demonstration about the possibility of the intellectual property rights by analyzing the originality,degree of creative,novelty,aesthetic of practical and function of practical. This part explains the contents of the jewelry design protected by copyright law and patent law,and also the difficulty that protected by trademark law and anti-unfair competition law. In the final of this part,the status quo for intellectual property rights protection of the jewelry design in our country in is demonstrated. In the fourth part, as jewelry design is a kind of artistry and practicality that can be separated on the concept of works of applied art,the essence of researching on the intellectual property rights protection of jewelry design could be regarded as the extension in the jewelry industry by the kind of works of applied art that could be separated by artistry and practicality. This thesis also analysis the legislative practice of several representative countries or regions by analyzing the protected mode of works of applied art and then draws on revelation for the jewelry design of intellectual property protection in China. The fifth part concludes that the jewelry design cannot be protected by the “double protection mode” that protected by both copyright law and patent law in China, but should be protected by single protection mode. Finally, by full consideration on the basis of the particularity of the object for the jewelry design, this investigation solved the legal qualitative problem for different types of jewelry design protection path on choosing copyright law or patent law.