The Concept of Design Works and Law Protection

• Main Authors: Pei-Chuan Chang, 張佩娟
• Other Authors: Ming-Jr Huang
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/53885545157841120999

碩士 === 中原大學 === 財經法律研究所 === 94 === Abstract The protection of industrial design stemmed from the need of the European textile industry to prevent textile patterns from copying, then expanded to all industrial products. When observed from the law system, provision of protection to industrial design and applied art were based on the notion that both were belonged to the end results created by human intellectual hard work. As a result, it is generally protected under the Intellectual Property Rights System. Under the Intellectual Property Law system, it can be divided further into three different subsystems based on the purpose of the law, which include” cultural creation”, “technical innovation” and “maintain business order”. Laws included in the system, to name a few, such as Copyright, Patents, Trademarks, and Trade Secrets law. Among these, the Intellectual Property Rights which provide protection for ”cultural creation” and “technical innovation” law were directly related to human intellectual creation, it is also called” narrow-defined Intellectual Property Rights”, and the law for “ maintain business order” were belonged to “ broad-defined Intellectual Property Rights”. For the research scope of this thesis, it will first cover the concept of industrial design and applied art. In the area of law protection, the focus of the research will center on the “broad-defined Intellectual Property Rights”, and discuss the origins of protection, the subject matter of protection and the interrelationship among Patents, Trademarks and Copyright . Furthermore, the enforcement of Intellectual Property Rights will also have impact on competitive order, thus a discussion between Intellectual Property Rights and Fair Trade Law is also present in this paper. And the area of discussion will center on section 20 of Fair Trade Law. The law protection system of design patent is the focus of this paper, and discussion will center on protection eligibility, protection periods and protected subject matter. A discussion of international law regarding design patent will present in chapter 2, and followed by domestic law regarding the protection eligibility, protection periods and protected subject matter will present in chapter 3. A comparison of Copyright, Trademarks, Patents and Fair Trade Law will be the focus of chapter 4, and the conclusion will present in chapter 5. Key Words: Copyright, Applied Art, Patents, Design Patent, Trademarks.