How does the law stipulate designs?

In practice, many of us may be exposed to issues such as laws regarding design, but because we don’t know much about it, many things are not very clear. So next, the editor of Legal Savior Network has compiled some relevant information and let all friends learn about how the law stipulates appearance design.

How the law stipulates design

"Patent Law of the People's Republic of China"

Article 27 To apply for a design patent, a request and Documents such as pictures or photos of the design, and the products using the design and the categories to which they belong should be clearly stated.

Details for the Implementation of the Patent Law of the People's Republic of China (2002 Revised and released by the State Council on December 28)

Second Article 18 When applying for a design patent, a brief description of the design shall be included when necessary. The brief description of the design should state the design points of the product using the design, the requested color, omitted views, etc. The brief description must not use commercial promotional language or describe the performance of the product.

reviewGuidelines (Part 1, Chapter 3) (released by the State Intellectual Property Office on October 18, 2001)

Brief description is used to briefly describe the design points, omitted views, requested protected colors, etc. of the design product. Therefore, only the following situations can be stated in the brief description: (1) When the front and rear, left and right, or upper and lower sides of the design product are the same or symmetrical, indicate the omitted view; (2) When the state of the product changes, Such as folding umbrellas, movable toys, etc.; (3) The transparent part of the product; (4) The unit pattern in the flat product is continuous on two sides or four sides without defining boundaries, such as floral cloth, wallpaper, etc.; (5) Omission is adopted The length of the slender object in the drawing; (6) Products made of special materials; (7) The design requested for protection contains color; (8) The usage, purpose or function of the newly developed product; (9) Design Points. The brief description must not use commercial promotional terms, nor can it be used to explain the performance and structure of the product.

Among the objects of intellectual property protection, design Rather special. As an invention, it can be protected by patent law; as an expression of certain aesthetic ideas, it can be protected by copyright law; when it acquires distinctiveness or secondary meaning in the market, it can be protected by trademark law as a trademark. protection, or as trade dress, protected by the Anti-Unfair Competition Law. Design issues involve patent rights, copyright law, trademark law and anti-unfair competition law. Designs and product packaging designs can be protected by patent law, but product packaging can only be protected by the Anti-Unfair Competition Law, and the two cannot be confused.

I hope that through the above content you can understand the legal issues Gain a deeper understanding of design-related issues. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.