Abstract
This paper argues that a designer with product designs in China, should obtain multiple protections through the intellectual property rights and related laws. This paper focuses on a specific aspect of Chinese intellectual property law related to design protection: design patents and copyright law. It aims to introduce the current legal framework of the Chinese Patent Law and Copyright Law and highlight the different standards in the protection of design patents, artistic works and works of applied art through real cases. Additionally, the paper evaluates and compares design patent protection and copyright protection in various areas, such as protectable subject matter, terms of protection, and infringement determination. This paper also explains that dual protection for a single product design is reasonable under both the Patent Law and Copyright because no evidence shows that Chinese law prohibits such protection. Ultimately, the Anti-Unfair Competition Law is likely to offer residual protection for product designs with “well-known” status. Therefore, the multiple protections provided by design patents, copyright law and unfair competition law are justified.
Highlights
Product design is playing an increasingly important role in the worldwide commercial market
This paper argues that a designer with product designs in China, should obtain multiple protections through the intellectual property rights and related laws
This paper focuses on a specific aspect of Chinese intellectual property law related to design protection: design patents and copyright law
Summary
Product design is playing an increasingly important role in the worldwide commercial market. The Copyright Law offers a longer protection period than the design patent; copyright applies immediately after the design is used to create a tangible work. Copyright protection has certain benefits, it has an ambiguous scope for product designs because works of applied art are not covered under the Copyright Law. Most courts treat works of applied art like works of fine art. Most courts treat works of applied art like works of fine art As both the Copyright Law and the design patent have certain limitations with respect to the protection of product designs, the dual protection existing under the Copyright Law and the Patent Law is justified. This article focuses on the design patent and copyright protection of product designs in China.
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