Legal Protection Of Partial Design

Since the establishment of the partial design system in the "Mr.Zahn Case" and subsequent legal practices in the United States,the European Union,Japan and other regions have also begun to pay attention to the importance of partial design to industrial products,and have introduced partial design protection in the corresponding design system.In comparison,China's protection means are relatively conservative,through the overall design of the product protection to achieve the protection of partial design,the protection effect has not been fully effective.In recent years,China's theoretical and practical circles have continued to hold heated discussions on the protection of partial designs.On December 2,2017,the State Council Legal Affairs Office announced the "Revised Draft of the Patent Law(Review Draft)".The protection object of the patent right of design is extended to the partial design of the product,and it tries to respond to the appeal of the market innovator.Whether the draft article can be promoted to legislative provisions is still unknown.The study of partial design protection is still an important theoretical topic.Based on the idea of "starting from practice",this thesis systematically combs the cases involving partial design protection in judicial practice in recent years,and tries to reveal the many difficulties faced in practice in order to explain the current difficulties faced by China with regard to partial design protection.Then propose possible solutions.The first part of the thesis takes The Guidelines for Patent Examination 2010 to exclude the protection of partial design as an entry point,and through the analysis of the "double ring case",reveals the limitations of the current design infringement judgment rules on partial design protection.Then through the "graphical user interface patent infringement case" to show the new development direction of partial design protection.The second part of the thesis summarizes the characteristics of the partial design protection system in the United States,the European Union,Japan and South Korea in order to provide experience for China.The protection of partial designs in various countries in the world is an open attitude.Although the specific regulations of various countries are inconsistent and the protection conditions are different,they all recognize the legal status of partial designs and have their own and regional characteristics.system.The third part of the thesis focuses on the analysis of the nature of partial design in order to seek a more effective protection model.At present,there is a misunderstanding about thenature of partial design in China.It is believed that partial design is not a product carrier,so refuses to protect it.This is due to the fact that the relationship between "product" and "design" is not properly clarified.After clarifying the nature of partial design,the thesis analyzes the incompleteness of existing design protection mode to partial design protection,in order to seek more effective protection mode.The fourth part of this thesis is the institutional conception of partial design protection.If the "Amendment to the Patent Law(Draft)" passes the review of the National People's Congress,how to formulate specific protection rules for partial design is an important project.Therefore,on the basis of the experience of other countries,this part proposes the system of partial design protection at the legislative level,from the establishment of authorization rules system to the establishment of tort judgment rules,in order to improve the design system of our country.The development of the design system is largely due to the economic impetus.Therefore,in order to protect the interests of the main body of the market economy and protect innovation,we should pay attention to the protection of partial design.On the occasion of the revision of the law,it is the expectation of the whole society to clarify the legal status of partial design and formulate relevant rules.