Research On Legal Protection Of Industrial Design Under TRIPS Agreement

The WTO members must perform the obligations of TRIPS Agreement. In comparison with TRIPS Agreement, the legal protection of intellectual property in China remains at a fairly low level, especially in the protection of industrial design. As a developing country, China adopts patent law to protect the industrial design, which deviates from the original intent of TRIPS Agreement and results in many problems that is very difficult to be solved.In order to research and further tackle the problems described above, this paper takes the legal protection of industrial design under TRIPS Agreement as the main research topic, and studies with comparative, descriptive and positive analyzing methods. At the same time, the paper mainly introduces the protection of industrial design in TRIPS Agreement and discusses the basic legal patterns of protecting industrial design in the United States, Japan, England, Germany and France. Besides, the paper especially studies the legal system of design patent of our country and indicates the deficiencies and problems to be tackled. In the end, the author makes a pointed comment on the third revision of the Patent Law of China.TRIPS Agreement is one of the highest degree international Convention of protecting intellectual property. In accordance with TRIPS Agreement and some international practices, and linking with the position of China, some conclusions are proposed as follows:The low or high degree of legal protection on industrial design is not the best judging standard. On the basis of TRIPS Agreement, China relevant authorities should actively sparkplug new rules to availing itself the important station in the world. And the legislature of our country should further correctly revise relevant intellectual property laws to achieve a better protection of industrial design.