Research On Legal Protection Of Partial Designs

The patent law was amended for the fourth time in 2015 to redefine the scope of protection for designs.While the changes to local design pay more attention to appearance,but in the licensing examination for local appearance design,patent review documents submitted,the infringement determination,and a series of problems in the concrete practice and no detailed regulations,local design how legal protection in our country’s real ground still need further research.This article start from the status quo of legal protection local appearance design in China,expounds the local design brought by the lack of legal system and the fuzzy problems,especially for the local design priority not fair,suitable to its invalidation and infringement difficulty,and key electronics industry innovation graphic design is difficult to protect.At the same time,it is reasonable to establish the legal protection system of local appearance design in our country.This legitimacy mainly includes the necessity to conform to the development trend at home and abroad,and the feasibility reflected in the legislative orientation and judicial practice in our country.With an international perspective,this paper explores the legal system of local appearance design suitable for China’s national conditions through the investigation and comparison of the legal protection system of local appearance design outside the region.Finally,to build the path of the local legal protection system design in our country,the local appearance design patent authorization should be definite local designs submitted review standard,unified standards,strengthening local design priority protection,improve the local design criteria to judge the infringement,the adaptation to the graphical user interface as representative’s emerging local design protection requirements,in order to let the local legal protection system of appearance design can really play to protect the rights,the role of innovation.