Research On The Visual Cognition Of “Similar In Form” And “Similar In Spirit” ——The Application In The Intellectual Property Right

After the concept of creative industries was put forward,it has received widespread attention worldwide,and has been understood and developed differently in different countries and regions.The concept of creative industries has developed rapidly after entering China,and China has also become the country with the largest number of international patent applications in 2019.However,with the continuous development of the new generation of digital technology,intellectual property rights are facing many problems like insufficient development and transformation of scientific and technological achievements,and lack of protection.Since the level of technological innovation and the strength of intellectual property protection have a two-way promotion effect,formulating a reasonable and effective method of intellectual property protection is the key to solving the problem.Based on current intellectual property laws and judicial practice cases,this study found that the main problems in intellectual property protection are the vague definition of general consumers,the difficulty of defining the similarity of intellectual property rights,and the imperfect judicial practice similarity review system.Therefore,the purpose of this paper is to build the test process of common sense understanding and discrimination ability of general consumers,explore the similarity judgment mode of general consumers on product shape,quantify the subjective similarity judgment process of general consumers,and build the similarity evaluation tool of intellectual property rights,so as to provide quantitative basis for the similarity judgment of intellectual property rights.Based on the research of intellectual property laws and cases,similarity theory,visual perception theory and other related literature,this paper puts forward the hypothesis of the product knowledge scope and difference sensitivity of general consumers,as well as the theoretical presupposition of similarity judgment process and subjective similarity judgment model based on the ideas of Form and Spirit.In order to verify the above theoretical model,this study designed four main experiments with vase modeling as the material,including consumer’s product modeling knowledge test,sensitivity test of product modeling differences,main features and secondary features of similarity judgment and their threshold measurement experiment,and the relationship between object similarity and subjective similarity judgment experiment.The results of the experiment show that the general consumers of vase products have a knowledge scope of 24.9%～61.0% about the shape of the products on the market,and they can distinguish that the difference of the overall shape similarity of the vase is more than7.00%.In vase products,the main feature of similarity judgment was vase body,and the secondary features were vase neck and vase mouth.The influence of each feature on the overall similarity judgment was 53.74% for vase body,24.00% for vase mouth,and 22.26%for vase neck.The similarity threshold of bottle body,bottle mouth and bottle neck is74.24%,55.46% and 51.68%,respectively.In addition,the objective similarity of product modeling features is not positively correlated with subjective similarity judgment.When the similarity of main features reaches or exceeds the threshold,even if the similarity of other secondary features is low,general consumers tend to judge that the two are similar on the whole subjectively.Based on the above experimental results,this research puts forward the knowledge scope and distinguishing ability test process for general consumers of certain types of products,and innovatively proposes a new similarity judgment model based on the ideas of Form and Spirit,as well as a vase product modeling similarity evaluation scale,to provide a reference basis for the determination of similarity in intellectual property rights.