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Design creative legal issues

Author: HouBin
Tutor: GongBaiHua
School: Fudan University
Course: Legal
Keywords: Designs Creativity Legal protection
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 162
Quote: 1
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Abstract


A considerable part of the history of civilization is a history of design. Design never there is not a concept, the concept of \This paper discusses the design creative legal issues. Chinese design patent protection began in 1985, lasted more than 20 years, the application and authorization has been reelected in the world year after year. Nevertheless, after all the protection history is too short, and because of its transfer from the foreign characteristics, there are still a number of issues. The text is divided into four chapters. The first chapter discusses the meaning of the design and the legal protection of designs. The appearance of design as a legal concept is different from the meaning of the term \The design has two modes of protection of copyright law and patent law protection. China has adopted the patent law protection mode. This chapter explores the similarities and differences of the two modes. The second chapter through visits to the United States, the United Kingdom, Germany design creative legislation and judicial practice, to summarize creative standards connotation, and derive the revelation of the relevant institutional construction. Creative design criteria, the United States, Britain, and Germany have clear provisions and applicable in practice is relatively uniform, such as the United States, \help to improve the quality of the design patent of the the design legal system has a good reference. The third chapter discusses the creative standards and aesthetic standards as well as the beauty of creative expression. Creativity is the soul of all human creations, creativity has different provisions in different human intellectual achievements. In the field of industrial design, creativity is the patent-pending design compared to the existing design, has a unique personality. Creative beauty perceptual another close associate, the beauty of nature through creative expression. The authorization of China's Patent Law on design conditions, the scope of protection, infringement judgment standards. The paper suggested that the design should be clearly defined, the introduction of the standard of creativity, rationalize, unified licensing conditions and infringement judgment conditions. The amendments to the Patent Law, the next you can consider these aspects included in the scope of the modifications.

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