On Overlapping Of Design Patent And Copyright

In recent years, the lawsuit caused by dual protection of intellectual property rights has increased substantially in quantity. As for as the legal issue of an intellectual product protected by the different intellectual property rights, scholars use different terms, China's academic circles called this phenomenon "dual protection". To whether support dual protection system of intellectual property rights or not, the theoretical circle has two different points of view. One kind of view supports dual protection system of intellectual property rights on basis of the current Intellectual property law system framework, another kind of view againstit from the perspective of legal economics and balancing of interests. In judicial practice, There are different judgments standard for this kind of case in different court.The general train of thought of this thesis is as follows: Firstly, with the help of two cases that same type but the verdict completely different sum up the focus of dispute. Secondly,analyzethe focus of dispute by the comparative method. This section contains the United States, Britain, France, Germany, China and other countries development history and current practice about dual protection system of intellectual property rights. After combing and analyzing the practice of all countries, this section will put forward the view that China should build the dual protection system of intellectual property rights and give it reasons. At the same time, in order to fully understanding of the dual protection system of intellectual property rights, it also joined the paper analyzes the causes of double protection of intellectual property rights. Finally, On the basis of the evaluation and analysis of two cases, it will put forward the proposal that protect the industrial design by patent law and copyright law. The main contain of this thesis can be divided into three parts:The first part is summary and controversy about the two cases. Through the two cases sum up the focus of dispute: the failure of industrial design whether can continue are protected by copyright.The second part is law-analysis about the focus of dispute. This section will study various countries history and practice about dual protection system of Design patent and Copyright. Then it will explore the current Chinese attitude towards this issue and existing defects to show necessity that China need to establish this kind of system. After this, it will explain reasons.The third part is appraisal and the analysis for the two cases and specific advice about establish dual protection system of Design patent and Copyright.