Study On The Legal Issues Of Design Protection In China

Design Protection in addition to "Patent Law" in order to give the parties to apply for patent protection for proprietary elements and basic way to start outside China's "Anti-Unfair Competition Law," also acts against the design right has Regulation.The Act provides product packaging,decoration and if similar confusion well-known products,namely infringement.But Designs counterfeiting still continue to occur,the reason is that the legal protection of a design is not perfect,the specific form of censorship for the design patent application,"Anti-Unfair Competition Law"to limit the design,as well as "confusion the principle of "use.First,China's design patent applications take the form of censorship,patented design not previously patented design can be confused by the system for the design of counterfeiting prevention and regulatory efforts limited to As in the framework of protection of patent law implementation gap persists system of counterfeiting.Secondly,China's "Anti-Unfair Competition Law" does not appear in the words of a design,and asked to be counterfeit goods must be well-known commodity,infringement must occur among similar products,the law on design protection to goods nature as a precondition,so that the legal protection of designs has limitations.Finally,the "confusion principle" has insufficient protection of designs,and even hindered the design Regulation.To solve the problem of counterfeiting design must these three aspects.Based on this,on the basis of analysis of the relevant legal system,based on comparative analysis of the relevant legal provisions the United States and Japan put forward a sound recommendation,advocates learn from Japan's substantive review to improve our patent examination system,on the basis of confusion does not occur,the more attention design innovation,and improve the quality of patents.In the"Anti-Unfair Competition Law" proposal to abolish the goods and similar products of well-known design limitation,the design itself is set to the value and characteristics of the object of regulation.Recommendations highlight innovative concepts,instead of"confusion principle",highlight the characteristics of the design itself.Only two laws together perfect complement each other,the design can fundamentally solve the problem of counterfeiting.The existing system should compare,analyze and select from the dimension of law and economics,in order to better take into account the maximization of design protection legal system fairness and efficiency value.