Research On The Judgment Subject Of Design Infringement In China

Now,China is in the period of building an innovative country.Our country encourages creation and supports the development of intellectual property industry.Along with people's increasing pursuit of spiritual richness,as an intellectual achievement that can improve the aesthetic feeling of products,industrial designs is in the golden age of development.However,due to the late start and short development time of industrial designs in China,the protection system of design needs to be improved.It can be seen from the current judicial practice in China that the perfection of the theory of judgement of design infringement is a major difficulty restricting the development of design.Especially in the definition of the subject of tort judgment,there has been constant controversy.Based on the analysis of the relevant theories of the judgement subject of design infringement,the comparison of the legislation of the judgement subject of design infringement at home and abroad,combined with the specific cases of design infringement,this paper analyzes the defects of the current system for judgement subject of design infringement in China,and discusses which judgement subject of design infringement is more suitable for our country.This paper is divided into four parts.The first part is an overview of the theory about the judgement subject of design infringement.First of all,it introduces the factors that affect the judgement subject of design infringement,including the protection mode,the protection scope,the judgement standard of infringement,the legislative purpose and trend,etc.Then it discusses how to define the connotation of the judgement subject of design infringement,Starting with the choice of the judgement subject of design infringement,this part gradually clarifies the connotation of the judgement subject in terms of group category,knowledge level and cognitive ability.The second part introduces the legislation of the judgement subject of designinfringement at home and abroad.Foreign countries mainly introduced the United States,the European Union and Japan.In these three countries,the protection of design started earlier and the theory is relatively mature.By comparing with the legislation of judgement subject of design infringement in China,this part summarizes and analyzes the similarities and differences at home and abroad,so as to provide reference for the improvement of judgement subject of design infringement in China.In the third part,by analyzing the classic cases in the judicial practice of our country,the author summarizes the main ideas of judgment of the design infringement in our country at present,and deeply analyzes the deficiencies in the argumentation of each part of the judgment of the design infringement in the practical cases,and points out the defects in the practical application of the standards for judgement subject of design infringement in China.This part demonstrates in detail the problems in the identification process of the group scope and attention scope of the judgement subject of design infringement,and analyzes the problems existing in the application of the overall cognitive level of the the judgement subject of design infringement in China.In the fourth part,the author puts forward his own analysis and views on the shortcomings of the system for judgement subject of design infringement.First of all,this part analyzes how to solve the problems in the application of the system of the judgement subject of design infringement in China.Then,in view of the imperfections in legislation,the author puts forward some suggestions drawing on the theoretical experience of other countries.