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Research on the Infringement Determination Upon Exterior Design Patent

Author: DengZuo
Tutor: WangLingHong
School: East China University of Political Science
Course: Legal
Keywords: Exterior Design Patent Infringement Design of Partially
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 170
Quote: 0
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Abstract


With the rapid development of the economy and technology,our living criteria are enhanced continuously and we care more about the design of products than we did.Under this circumstances,the "Patent Law" has been amended for the third time and came into force on october 1, 2009. In this revision, lots of regulations on Exterior Design have been revised. Even though this rivision enhanced such the authorized standard as inventiveness and conflicting application, etc., the issue of infringement decision of Exterior Design patent has not been involved in this revision and the Implementing Regulations Of The Patent Law amended hereafter yet. In order to make up the vacancy of Infringement Decision, the Supreme Court issued a Judicial interpretation regarding Patent infringement in December 2009,several provisions of which specify a few significant controversial hot issues of Industrial design patent infringement. However it lacks explicit definition to these conclusions and also leaves problems to be resolved in future. This thesis focus on Exterior Design patent infringement determination, analyzes and discusses some existing controversial hot issues and further puts forward some proposals.I hope it is useful to determine design patent infringement. This thesis is divided into four parts:The first part introduces the definition of Exterior Design and briefly compares Exterior Design Patent infringement with other intellectual property .In the second part, the controversial issues has been analyzed specifically and some existing problems are put forward, mainly including the controversy about subject of infringement determination,existing problems regarding criteria of identifying products and ptotection of design of partially. Regulations and practice of other typical countries concerning three issues above-mentioned has been analyzed and summarized in The third part.In the last part,the author put forward three comprehensive proposals to questions of Exterior Design Patent infringement determination,including the clear subject of infringement decision, diversifing criteria of identifying products , establishing design of partially protection system and infringement judging standards.

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