| Summary: | 碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 99 === The protection for design is a historically longest legal hybrid. Today, in the European Union, it is mainly to use the Community design right and copyright to protect the design, while in the United States and in Taiwan, it is mainly to use design patent to protect the design. This thesis is to research the requirements of the Community design right in the European Union and the requirements of design patent in the United States and Taiwan. Through analyzing and comparing those requirements, this thesis may discover and find out problems of those requirements, and then make some suggestions.
Taiwan companies have lots of the European Union Community design rights, the United States design patents and Taiwan design patents, and the General Court of the European Union made four judgments concerning the registered Community design right in 2010, the United States Court of Appeals for the Federal Circuit made an en banc judgment concerning the infringement of design patent in 2008, it is necessary to understand those rights thoroughly and comprehensively. In Taiwan, the related research is rare, and this thesis may make some contributions on this issue to promote the development of the related design industry.
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