On Legal Protection Of Partial Design

Since the introduction of the design patent system in China,the design market has given it a full response.In real life,design patents are everywhere.Accordingly,the theoretical research of design has made remarkable progress,but in this process,the problems of design patent system are also revealed.At present,the protection of partial design in our country is lack of corresponding institutional arrangements,only through the protection of the overall design to indirectly achieve the urgent need of partial protection.This contradiction makes it difficult to realize the protection of the patent law for the valuable part of the design,and further makes the relevant judicial practice in trouble.Although the academic circles have discussed this,there are still many points to be explored.Therefore,the specific rules of this system in other countries or regions are investigated.Based on the necessity of the development of China’s design and the practical needs of partial design innovation protection,the path of introducing the partial design protection system is proposed.Starting from the theoretical research on the protection system of partial design by scholars and judicial practice,this paper analyzes its definition and characteristics as a whole,probes into the necessity of protection,discusses the legislative choice of the protection system of partial design,and provides theoretical basis and reference for the next step to solve the problem by comparing the existing legislation.Next,according to the above-mentioned practical problems in China,we make a further discussion of the reasons.This paper analyzes the reasons for the lack of partial design protection in China,and expounds the problems caused by the lack of partial design system.Taking on the above,this paper focuses on other countries in the world and summarizes the experience of foreign countries,which provides reference and reference for the next part.Through the investigation of the advanced foreign experience of the United States,Japan and the European Union,this paper provides an important idea for the construction of the partial design protection system in China.At the end of the article,on the basis of a comprehensive summary and investigation of the current situation of legislation,existing problems and foreign experience of partial design in China,the paper puts forward the construction scheme of partial design protection system in China.Firstly,the protection scope of partial design protection system is defined.Secondly,improve the approval process,analyze the materials needed for approval,and start from the division of durable products and non durable products,come to the conclusion that the design life cycle of durable products is longer,and then carry out substantive review on the design of such products.Finally,from the perspective of similarity judgment and judgment subject,the infringement judgment of partial design is made clear.In a word,it is very urgent and realistic to establish and implement the partial design protection system in our country.It is of great significance not only from the perspective of promoting the development of market economy,but also from the perspective of protecting the interests of applicants.