The Study On Legal Protection Of Industrial Design

In the Protection objects of the intellectual property law, industrial design is a special one. Because it has the character of the combination of technology and arts, and because of the lack of research and lawmaking in industrial design, different people have different opinions in the legal protection of industrial design. This article analyzes the legal protection of industrial design from the view of law practitioner, who knows the methods and flows of industrial design. Starting from the concept and characteristic of industrial design, the article indicates that the lawmaking of industrial design's legal protection should be independent of patent law. This article also analyzes the differences between the industrial design and other close types of intellectual property. The key point of the research is to explain how to acquire the rights of industrial design. Bottom on the analysis of the actuality about rights acquire, this paper focus on review subject and the review standards of industrial design rights from the view of a designer. This paper also advances the protection of industrial design, which should be legislation by itself and should be consummated depending on many other laws instead of relying on one codex.