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Legal protection of design patent

Author: WangHongXia
Tutor: ZhouChangLing
School: China University of Political Science
Course: Legal
Keywords: Patent right for design The scope of protection Prior rights Patent Infringement Conflict of rights Creative standards
CLC: D923.42
Type: Master's thesis
Year: 2005
Downloads: 507
Quote: 12
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Abstract


The title to the legal protection of the design patent research, to explore the design patent protection for some of the problems existing in the legislation and practice, and how to ascertain the scope of protection of the design patent judgment of patent infringement, design patent infringement determining principles, and how to improve the design patent law protection system. Thesis writing background: the object of legal protection of intellectual property rights, the design is a particular object of protection. Design are inventions of the Patent Act, novelty, can be protected by patent law. The design for the formulation of an aesthetic concept, can be protected by copyright law. Identifiable designs in the market, with a significant, and can be used as a trademark protected by trademark law, or subject to the protection of the law against unfair competition as a commodity decorating. It is based on this reason, the world is not consistent for design protection. Some countries will be included in the patent law protection, some countries will be included in the copyright laws, some countries only given to the protection of the patent law and given to the protection of the copyright law. Some countries, according to the special nature of design protection, formulate the a specialized industrial Copyright Protection Act. In our current legal system, the design is protected by patent law, but the design and invention, utility model different design patent protection is the appearance of a specific product, invention and utility model protection A technical solution. Because of China's Patent Law legal provisions on the design, some people think, the protection of the design is very simple, as long as the alleged infringing product design patent picture or photo design products compared, it can it is easy to design protection. But in fact, the design protection than only the alleged infringing product design patent picture or photo to be much more complex. Of a design patent protection legislation, there are some problems, so that the appearance design patent can not be adequately protected, and can not avoid conflict with other rights protected. Meanwhile, China's patent law, although modified twice, but the design patent protected design level is not high, so our current design patent Despite the huge number, called the design a big country, but far from that design powerhouse . To solve these problems, we must clarify some understanding, clear design scope of patent protection, fair, accurate determination of patent infringement and design patent license standards, improve the legal protection of the design patent system. In this paper, to explore legal protection from the five aspects of the design: The first part introduces the concept design, nature, characteristics, and design patentee

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