Research On "Aesthetic Feeling" Of Industrial Design

The industry design,which is full of strong legalism since it was born,is not the natural right.According to Article 2(4)of the current Patent Law,the term “Industrial Design” refers to any new design of a product's shape,pattern or a combination thereof,as well as the combination of the color and the shape or pattern of a product,which creates an aesthetic feeling and is fit for industrial application.Therefore,the industrial design should meet the requirement of “aesthetic feeling”,which is actually not applicable in the process of design patent examination and invalidation re-examination.Aesthetic and unaesthetic is not the considerable factor for granting design patent makes the requirement of “aesthetic feeling” been in a state of dummy and to some extent affected the legitimacy of the system of design protection.The Chapter ? mainly analyzes the alienation occurred after the requirement of “aesthetic feeling” be placed in a state of dummy,and then analyzes to make a conclusion from the perspective of different aesthetic theory that the aesthetic feeling could be clarified and applicable.The Chapter ? mainly to research the role of “aesthetic feeling” played in the process of taking shape,happened in the Britain,of the modern industrial design system,and make a conclusion that “aesthetic feeling” had been accompanied with the taking shape of modern industrial design system.Meanwhile through inducing and analyzing basic theories and viewpoints of Labor Theory and Incentive Theory makes conclusion that the “aesthetic feeling” is the legitimacy premise of getting private property by the way of dividing parts from public resource and granting the holder of industrial design the monopoly right,and makes further conclusion that the “aesthetic feeling” makes the design protection be an native legitimacy.The Chapter ? mainly analyzes the relevant provisions of “aesthetic feeling” and the specific application of the U.S.,E.U.and other main country or entity through comparative method.Each to some extent in the scope of the design protection and the identification of "aesthetic feeling" are different,which has certain rationality,supplies some reference for redefining the connotation of “aesthetic feeling” and the specific application.The chapter ? Based on the analysis of the contents of the previous three chapters and the empirical analysis of the China current design system,this paper puts forward the connotation reconstruction and application path of "aesthetic feeling" in China.The relation of design "aesthetic feeling" and "ornamental",which are dialectical unity,is a two-in-one and content and form,and the design “aesthetic feeling ”can be directly used as " ornamental " understanding.The content of “aesthetic feeling” contains:(1)exclusion function is uniquely defined;(2)under normal use is visible;(3)Meet the basic aesthetic needs,and;(4)Reflect the "positive energy" value orientation.In the context of large industrial production and market economy,the subject of judgment of "aesthetic feeling" should be limited to the "end consumer" standard of "such products" and have the basic aesthetic qualities of such products.For products that carry "aesthetic feeling" should be excluded from the licensing of parts products,even if the parts of the product has a sense of aesthetic contribution to the product's partial design as a protected object.The abovementioned relatively complete set of design "beauty" recognition and judgment system should be applied directly in the initial review phase,and Grant the court the right to judge “aesthetic feeling” to better safeguard the legitimacy of the right to design.So that the state will be limited to review the resources and judicial resources allocated to the real conditions of protection in line with the design,and thus guide the social resources into designs that enhance the competitive advantage and bring benefits to the community.