TITLE:
Protecting Product Designs through Design Patents and Copyright Law in China
AUTHORS:
Wenting Huang
KEYWORDS:
Chinese Law, Design Patent, Copyright, Works of Applied Art, Anti-Unfair Competition
JOURNAL NAME:
Beijing Law Review,
Vol.12 No.3,
September
10,
2021
ABSTRACT: This paper argues that a designer with product designs in China, should obtain multiple protections through the intellectual property rights and related laws. This paper focuses on a specific aspect of Chinese intellectual property law related to design protection: design patents and copyright law. It aims to introduce the current legal framework of the Chinese Patent Law and Copyright Law and highlight the different standards in the protection of design patents, artistic works and works of applied art through real cases. Additionally, the paper evaluates and compares design patent protection and copyright protection in various areas, such as protectable subject matter, terms of protection, and infringement determination. This paper also explains that dual protection for a single product design is reasonable under both the Patent Law and Copyright because no evidence shows that Chinese law prohibits such protection. Ultimately, the Anti-Unfair Competition Law is likely to offer residual protection for product designs with “well-known” status. Therefore, the multiple protections provided by design patents, copyright law and unfair competition law are justified.