Analysis Of The Legal Protection Of Local Design

Aspect design patent,also known as part of the design,refers to the product on a part of the shape,pattern or location of the new design.The aspect design patent system originated in American "Mr.Zahn VS.US Patent and Trademark Office" case in 1976,and the aspect design patent protection system of Asian countries is later than that of Europe and the United States.The Fourth Draft of the Patent Law of the People's Republic of China(hereinafter referred to as the Patent Law)seeks to introduce an aspect design patent system in our country,which has aroused widespread concern in academic and practical circles.Firstly,this paper elaborates the concept and characteristics of the local design,and analyzes that the theoretical circles of our country should establish an aspect design patent disputes;Secondly,it analyzes the provisions of the aspect design patent system of the foreign countries and compares the legislation system of different countries;In addition,the paper expounds the current situation of the protection of the aspect design patent in China and the drawbacks caused by the lack of clarification.It clarifies the significance that the establishment of the aspect design patent system has the advantages of encouraging innovation,intergating he needs of the industry with international intellectual property protection.Finally,improving Chinese protection of the aspect design patent depends on the above information from the local aspect design patent priority and the application requiements of right.This paper tries to clarify the construction of this system in our country,combining with the provisions of the aspect design patent in others countries and the Chinese current situation.