The Election Of Design Protection Mode

With the development of modern science and technology and the development of intellectual property derived from many emerging new objects with complex nature,design as the most original object in the field of intellectual property.Since the beginning of the concept,it has different means from the works and inventions.It has also been one of the focal issues in the field of intellectual property law.Designers of design-in-place systems prefer to associate them with works or inventions and conclude them into the two traditional intellectual property objects.Therefore,the international community has a wide variety of legislative and protection models for design,including the patent protection model(the United States,China,etc.),the dual protection model of copyright law and the specialized law(France,the United Kingdom,etc.),and the special protection model(Germany,Japan,etc.).Although the treaties recognize the need for protection of designs,the unified model of protection has not so far been established due to failure of Member States to reach agreement on details.Both the European countries with the earlier legislative process and the developing countries later in the process seem to have In the face of different distractions,the industrial design system in which the exterior design industry operates is much slower than that of other objects in intellectual property.Until 1999,the growing membership of the Hague Agreement on Industrial Designs resulted in a unified design protection the real progress.Protection model is not a rigid,solidified routine and framework but the concept and purpose contained in it.Therefore,the protection mode is based on a clear understanding of the concept of design and the definition of where the boundary of right is.So the root of the problem to be solved is what to protect and how to protect it.Both the European countries with the earlier legislative process and the developing countries later in the process seem to have in the face of different distractions,the industrial design system in which the exterior design industry operates is much slower than that of other objects in intellectual property.Until 1999,the growing membership of the Hague Agreement on Industrial Designs resulted in a unified design protection The real progress.This article bases itself on the legislative innovation of the design protection model.By taking the case of Apple suing Samsung Electronics for design infringement as the starting point,this paper systematically sorts out the legal features of the design and the legitimacy of legal protection through the method of historical research.The similarities and differences between the two countries on the evolution of the model of design protection and the latest attempt to clarify the boundaries of the design law.On the premise of clarifying the essential attribute of design and considering it as the independent intellectual property object different from the work and invention,this article mainly explores the origin of the design arrangement of our country's design and the choice of legislation,and analyzes the influence of appearance design in our country's judicial practice.At the same time,it tries tentatively to discuss the independence protection mode of design choice in our country,and puts forward many advantages of the independent legislative protection mode of design.