Reconsideration on the Special Legislation of Appearance Design in China after the Hague Agreement Came into Force

DOI: https://doi.org/10.62517/jel.202414109

Author(s)

Jiayue Dai

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China

Abstract

With the continuous improvement of people's living material level, people will more and more focus on the aesthetic value of products when they choose to consume. Correspondingly, the important position of appearance design in the industrial area is increasingly prominent, and the appearance design of products has become a core competitiveness of many enterprises. However, this intellectual achievement with the shortest history of legal protection on the scope of intellectual property is also called "the oldest puzzle in the legal issues of intellectual property", and its whole protection situation is not optimistic currently. At the time of China's accession to the Hague Agreement and in combination with the related guidance of the outline of building a strong country in intellectual property (2021-2035), the issue of special legislation for appearance design has been focused on again. This article summarizes the influence of the new era and new background on the appearance design and relevant laws, analyzes the reasons, summarizes and compares the major legislative selection in the world, and on the basis of the national conditions of our country, expounds the reasons for the formation of the patent system protection and its impropriety, demonstrates the necessity and feasibility of the special law for appearance design, and proposes corresponding legal suggestions, hoping to be beneficial to the legal protection of appearance design.

Keywords

Hague Agreement; Appearance Design; Patent Law; Intellectual Property

References

[1] Zhang Peng. Single Independent Law Theory of Appearance Design. Intellectual Property, 2018(06): 45-54. [2] Li Mingde. Reform of China's Appearance Design Protection System. Intellectual Property, 2022(03): 16-32.1 [3] Cao Xinming. Research on the Patent Protection of Local Appearance Design in China. Intellectual Property, 2018, No. 206(04): 3-10. [4] Guan Yuying. Some Problems in the Protection of Local Appearance Design. Intellectual Property, 2018(04): 11-25. [5] Li Mingde. American Protection of Appearance Designs and Related Rights. Translation and Review of Foreign Law, 1998, 1. [6] Cao Xinming, Yang Xudong. The Influence of China's Accession to Hague Agreement on the Protection of Appearance Design. Intellectual Property, 2022(03): 33-49. [7] Chen Hongyu. Research on the Legal Issues of Determining the Infringement of Appearance Design Patent. Zhejiang University, 2017. [8] Gao Shiqing. Practical Dilemma and Path Choice of Copyright Protection of Practical Art Works in China Communication and Copyright, - In the context of the Hague Agreement. Communication and Copyright, 2023(03): 122-124. DOI:10.16852/j.cnki.45-1390/g2.2023.03.019. [9] Li Pengmin. Research on Legal Issues of Patent Infringement of Appearance Design. Northwestern University, 2021. DOI:10.27405/d.cnki.gxbdu.2021.001568. [10] Li Xiangmeng. Research on Legal Protection Pattern of Appearance Design. Tianjin University, 2020. DOI: 10.27356/d.cnki.gtjdu.2020.002069. [11] Fan Xiaoyu. The Reform of Japanese Pattern Design System under the Concept of Appearance Design Management and Its Enlightenment. Intellectual Property, 2019, No. 224(10): 89-96. [12] Ma Yunpeng. Research on Legal Protection Pattern of Appearance Design. Intellectual Property Press, 2016.