Three Dimensional Intellectual Property Rights And Right Conflict Question Research

In order to enter the World Trade Organization, our country has revised its main intellectual property rights law at the beginning of the new century, enables the intellectual property rights protection level to achieve has even surpassed World Trade Organization's protection standard. But, along with the technical culture and the social economy fast development, the new intellectual property rights question emerges unceasingly, to the three dimensional design intellectual property rights protection is one quite prominent is the example. In the intellectual property rights legislation, several main intellectual property rights law all involves to the three dimensional design protection, these laws appeared the fusion and the conflict tendency gradually in the implementation. The so-called fusion is refers to the identical three dimensional design to be possible to seek many legal the protection, but the so-called conflict is refers to many laws to produce to the identical three dimensional design protection some contradictory or is uncoordinated. Take the three dimensional design as the object of study, carries on more comprehensive, the system analysis and the research to the intellectual property rights right conflict question, and carries on a more thorough discussion to the right conflict question solution, both has certain practical significance, and has certain academic value.Must say that, this article mainly is a question which in the three dimensional design intellectual property rights protection appears according to the judicial practice in, has discussed in three dimensional design intellectual property rights protection certain questions.Specifically mentions, the this article first part mainly is conducts the research to the three dimensional design intellectual property rights protection certain basic questions, has analyzed the trademark law, the patent law, the copyright law and counter- not right competes in the law three dimensional design intellectual property rights protection certain questions, pointed out the three dimensional design in the trademark law the performance is the three-dimensional trademark, in the patent law the performance is the outward appearance design, displays in the copyright law for the practical artistic work, in counter- is not right method center displays for the well-known commodity unique name, the packing, the decoration, And further pointed out distributes in the trademark law, the patent law, the copyright law and counter- not right competes in the law three dimensional design intellectual property rights general character and respective characteristic.The this article second part has mainly studied the three dimensional design intellectual property rights right conflict performance shape. This part first elaborated the right conflict and the intellectual property rights right conflict certain elementary theory question, pointed out the intellectual property rights right conflict may divide into two kinds: One kind is the right internal conflict, namely between identical type right conflict, like copyright and copyright, patent and patent conflict; Another kind is the right exterior conflict, namely between the different type right conflict, like the copyright and the patent, the patent and the trademark rights conflict and so on, and pointed out this article studies the three dimensional design intellectual property rights right conflict mainly refers to the different type intellectual property rights right conflict. Afterwards, this article introduced in the recent years judicature practice certain to involve the three dimensional design intellectual property rights right conflict illustrative case, from this drew out to the three dimensional design intellectual property rights object between the overlapping protection relations research, mainly was from the practical artistic work copyright and the outward appearance design patent, the practical artistic work copyright and the three-dimensional copyright protection, the practical artistic work copyright and the well-known commodity unique packing decoration power, the outward appearance design patent and the three-dimensional copyright protection four aspects launches the research.. Finally, this part carries on the legal principle theory of law analysis to the three dimensional design intellectual property rights right conflict, mainly has analyzed the three dimensional design intellectual property rights right conflict constitution, the performance characteristic, the conflict type, the conflict essence and the reason, and pointed out the three dimensional design intellectual property rights right conflict the essence is one conflicts of interest and the value conflict, is concrete dispute which displays by the right conflict form..This article third part of main research solution intellectual property rights right conflict way. This part has first analyzed the intellectual property rights right conflict solution feasibility, pointed out the intellectual property rights right conflict is may solve. Next, this part has established the solution intellectual property rights right conflict principle, namely the litigant consults the solution principle, the protection in the right principle, the obligee exercises the right validity principle, the maintenance right equal principle, the prohibition confusion principle, the honest credit principle and the benefit balance principle first. Finally, the author had pointed out in this part the solution intellectual property rights right conflict way, namely the consummation intellectual property rights legal regime, the standard and strengthen the administrative organ to examine the procedure and to strengthen with the standard judicature trial program.In the research technique, this article has mainly applied research techniques and so on system research, comparison test research, real diagnosis analysis, from embarks to three dimensional design intellectual property rights judicature protection certain concrete questions, thoroughly studied three dimensional design intellectual property rights certain significant principles to concern the practice question, and proposed author's viewpoint to the three dimensional design intellectual property rights protection and the right conflict.Needs to point out, the three dimensional design intellectual property rights protection question in our country intellectual property rights protection is a new question, regardless of is in the judicial practice in the fundamental research, inherent question Shang Wei solved completely, the new question appeared unceasingly. Therefore, to the three dimensional design intellectual property rights protection research is a dynamic process. This article research only is offers a few ordinary introductory remarks so that others may offer their valuable ideas, to hope can have more colleagues to pay attention to this question, and launches more thorough research. At present, our country's exclusive law revision work methodically is carrying on, the trademark law revision work already proposed the program, the revision copyright method call unceasingly has also transmitted. The author hoped that, take several main intellectual property rights law revision as the turning point, the science formulation three dimensional design intellectual property rights protection mechanism, seeks the three dimensional design intellectual property rights protection diligently the best system..Conclusion: The summary this article primary coverage and the viewpoint, and proposed waits for the research question.