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The Study on the Solution of the Conflict between of Industrial Design and Copyrights

Author: ZhangXiaoXin
Tutor: LiuHua
School: Central China Normal University
Course: Legal
Keywords: Designs Patent Copyright Conflict of rights Equitable interests Prior rights
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 119
Quote: 1
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Abstract


Conflict of rights is a more general phenomenon of law, two or more subject has the right to the boundaries of uncertainty or ambiguity, the exercise of the rights of one party and realization of the rights of the other party will inevitably lead to impairment or eliminate. In the field of intellectual property, the particularity of the object of intellectual property, namely \Conflict of rights causes are many, there is imperfect legislation, have the right to breed mutual exclusiveness, fuzziness factors, but also by social development, public legal concept and other factors. With the deepening of the practice of law, the rights of intellectual property conflicts aroused wide attention from scholars and actively explore. Design is the intellectual property protection is extremely important in a class of objects, it has both the copyright property, but also has industrial property nature. \Existing design patents and copyrights main provisions conflict resolution mechanisms in the \law of the \Based on this, this paper uses the philosophy of law, sociology of law, law and economics approach, discusses the design patent and copyright solving mechanisms are inadequate and improvement in order to minimize conflicts. Addition to the introduction of this thesis conclusion, is divided into four parts. The first part discusses the general theory of conflict of rights investigation, comparative analysis of object design patent and copyright, design patents and copyrights and constitute a conflict of laws defining elements; second part discusses the design patents and copyrights and real causes of the conflict ; The third part discusses the current design patent and copyright legal basis for conflict resolution mechanisms, as well as the existing resolution mechanisms exist many entities and procedural issues; final part of the existing settlement mechanism put forward a sound proposal: I hope that through the protection of legitimate prior rights, based on the concept to achieve an equitable balance of interests to the principle of improving China's IPR legal system as the backbone, perfect relief system for the protection of the rights set forth to radically reduce the appearance design patents and copyrights conflict.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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