A Study on “Figure Copy” of the Consumer Electronics —Example of Mobile Phone

• Main Authors: Wang, Hsien Ling, 王賢令
• Other Authors: Wu, Chia-Sheng
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/70480035192266739841

碩士 === 國立清華大學 === 科技法律研究所 === 98 === The better outside figure design will get the better sales market, some companies or manufacturers do not thinking how to improve their own design, they just want to take someone else’s ideas, so even though many mobile phones coming from the different companies, but it seems all the same. These years, the copycatting or similar products is everywhere in the market, and people will think it's because the government did not protect the rights of original designer very well. However, it’s hard to make a decision for how to proctect, and who should be protected. Should the designer be protected or the follower(maybe he is the next designer)? No matter from what kind of view, it’s difficult to specify the difference between copy and innovation. The consumer electronics is quietly different with the artistic products, it’s quick to the markets and also quick to end of life, the coverage rate is much higher than artistic products.Also, the consumer electronics’s outside figure must follow the defined function, that means the “functional outside figure” is an important issue of the mobile phone. Till now, there is no any rules or laws of Taiwan have the concept of “functional outside figure”, in mainland China, because of the copycatting products, people noticed the difference between the “functional ” and “decorative” of the outside figure. We think we should focus on the decorate but not the function, if we can not separate the function and decorate, we will miss the chance to gain more market.