Research On Concurrence And Conflict Tort Liability Of Design Patent And Copyright In China

At present,China’s law does not specify intellectual property rights concurrence protection model,and judicial practice in the face of the design patent right and copyright concurrence,most of the courts tend to support dual-protection model of concurrence rights.However,the judicial trial of whether the implementation of a defunct design patent should bear liability for copyright infringement has not yet formed a perfect and uniform penalty standard.Based on above considerations,the paper mainly studies,by case analysis,whether the implementation of a defunct design patent should bear the liability of copyright infringement under the condition of concurrence or conflict of design patent and copyright.When the design patent right is concurrence with the copyright and there is no conflict between them,the public’s behavior of implementing the defunct design patent does not infringe on the copyright of the copyright owner’s work,and should not bear the liability of copyright infringement.When the design patent is concurrence with the copyright and there is the rights conflict between them,the public’s behavior of implementing the defunct design patent constitutes the infringement to copyright of the work,and the copyright owner has reasons to ask civil liability of stopping the infringement,eliminating the influence and apologizing.Considering whether the public has acted in good faith or not in the implementation of the defunct patent,should the public bear the liability for tort compensation.