Enforcing Parallel Patents

Trimble, Marketa

doi:10.1093/acprof:oso/9780199840687.003.0009

Cited by 1 publication

(2 citation statements)

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“…The design patent in China is protected along with the invention patent and the utility model patent under the Patent Law. However, it is distinguishable from the invention patent and the utility model patent (Moga, 2012). The invention patent protects the method, technical proposals, or the improvement concerning the product or process 5 .…”

Section: Design Patent Protectionmentioning

confidence: 99%

“…China has experienced significant growth in the number of design patent applications over the last ten years, and typical infringement cases have proliferated in courts as well (WIPO Statistical Country Profiles, 2021). Nevertheless, some cases remain ambiguous regarding how to determine the similarity between an accused product and the patented product and according to what standard before the court decides that infringement has occurred (Moga, 2012). The most complicated and controversial issue relating to design patent infringement actions is whether there is substantial similarity or not.…”

Section: Standards To Determine the Infringementmentioning

confidence: 99%

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Protecting Product Designs through Design Patents and Copyright Law in China

Huang¹

2021

BLR

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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.

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Section: Design Patent Protectionmentioning

confidence: 99%

Section: Standards To Determine the Infringementmentioning

confidence: 99%