Research On The Overlapping Protection Of Intellectual Property Rights In 3D Design

Overlapping protection of three-dimensional design intellectual property refers to the non-single intellectual property protection status enjoyed by the same right holder on the same or formally identical three-dimensional design,mainly including three-dimensional trademarks,design,works of applied art and influential packaging and decoration.Due to the lack of clear provisions on overlapping protection in the legislation,the separation principle and originality of the creative arts in the copyright law are also unclear,resulting in the judicial practice of the validity of other rights and rights after the invalidation of the design patent right,the question of how a person claims rights,how to coordinate prior rights,and how to coordinate subsequent rights can be divided into two types: overlapping rights and conflicting rights according to whether multiple rights belong to the same subject.Comprehensively investigate the system model and judicial practice of three-dimensional design overlapping protection in four countries outside the region,including the complete overlapping protection model represented by France and the limited overlapping protection model represented by the United States,United Kingdom and Germany.It is innovative and has its own logical self-consistency.At the same time,due to the multiple efforts of the right holder for three-dimensional design,it should be granted multiple protections.Furthermore,the right holders have overlapping protection is more beneficial value,the "selective protection theory" on the patent disclosure system The theory of trust in interest protection does not relieve the operator of due diligence obligations in production and operation.Different intellectual property rights have significant differences in the protection of interests,the effectiveness of rights,and infringement judgment standards.The overlapping protection of three-dimensional designs does not cause copyright law or The failure of the patent law system design will not destroy the system balance of intellectual property rights.The point of this article is to build a limited three-dimensional design overlapping protection model,recognize the objective existence of overlapping protection,and by strictly grasping the authorization requirements in various laws,the intellectual property laws of each department overlap in the protection of three-dimensional design,but A distinction should be made between the areas to be protected and the protection interests that are focused on.First of all,the limited three-dimensionaldesign overlap protection mode is clearly adopted in the legislation.Secondly,clarify the applicable standards for the separation of practicality and artisticity of works of applied art,and the criteria for judging the originality of works of applied art.Relevant issues related to the protection of overlapping 3D designs in judicial practice.When the right subjects are the same,first of all,the restriction on the exercise of the rights of the right holders should be "restrictive norms and cooperation",that is,the realization of the legal effect is limited to a single satisfaction,that is,to meet the purpose,and the right holder can choose to exercise independently Right,when the purpose is satisfied,The claim based on other rights is eliminated.Secondly,after the design patent right expires,it does not naturally enter the public domain,and there is the possibility of being protected by other intellectual property rights.Finally,the issue of "using trademark rights to extend copyright life",in theory,the registration of three-dimensional trademarks of three-dimensional designs of the copyright of practical art works does not prevent the public from continuing to use these works or patents in the sense of copyright law or patent law.As long as it does not cause confusion during use.When the rights subjects are different,the principle of protection of prior rights,respect for the autonomy of the rights holders' rights,the balance of interests that pay attention to the results of judgments,and the principle of honesty and credit should be adopted to resolve the conflict of rights caused by the overlapping protection of intellectual property rights in 3D design.