| Summary: | 碩士 === 國立臺北科技大學 === 智慧財產權研究所 === 102 === In recent years, promotion of cultural and creative industry makes traditional industry seek to restructure, designs become the way to symbolize the brand and an important battleground to attract consumers. Design products are topical and have short life cycle that require fast and convenient IP system to be protected. Our design patent law modified in 2011, renamed as "design patent ", with both utility models to become the two main methods to protect design products. However, the requirements to obtain design patent or utility models are too restrictive, the legal role of search report of utility models doesn’t meet its function, and the duration of waiting to get patent is too long, we can see there are still a lot of deficiencies in our patent law to amend. The member states of European Union, France, Italy, Spain, Germany are world-famous for fashion industry, European Community design implemented since 2002, provides two means, Unregistered Community Design and Registered Community design, to get protection. EU community design gives designers quick and easy way to protect their designs.
This study introduces the history and development of Community design, and investigates the influence of design industry’s needs on Community design, followed by litigation of famous luxury brand Louis Vuitton in order to analyze Community design’s function and effect upon design industry. This study then analyze our utility models and design patent law, aim to figure out deficiencies of the system, and try to find a reasonable direction to amend our utility models and design patent law to fulfill design industry’s needs, and discuss the possibility of establishing Unregistered design system in our patent law.
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