化妝品外觀設計專利權保護問題之研究---以中國大陸規範為中心

Abstract

Science and technology is primary productive force and patent technology is an indicator of science development. Protecting patent is a vital method to stimulate innovation, promote scientific and technological progress and maintain the order of market competition in the international environment that science, technology and comprehensive national strength are trend to increase nowadays. At present, Chinese Mainland has seemed into one of internationals countries that appearance design patent get protected by the numbers. In the cosmetics market, the appearance design with sense of aesthetic perception and inimitable symbol can attract consumer’s attention, which is an important element to design whole quality for cosmetics. Under the present environment of the rule of law in Chinese Mainland, there is no any legal provisions directly protect research result for cosmetics industry. So systematic discuss related patents problems of cosmetics industry maybe help some cosmetics dealers and appearance design patent holders. On the basic of introducing patent acquisition, protection scope, patent infringement determination and other questions of appearance design patent, the article will introduce some issues for attention and discussion of appearance design patent of cosmetics to get the best protection strategy for cosmetics patent owners. For some issues that cosmetic appearance design of identifying appearance whether award patent right, material replacement or inspection issues that different size for cosmetic appearance design patent and part of appearance design patent whether should be list into patent right protection scope, which relevant issues are all the important point for the article. The author thinks that clear learn existing new trend for protecting appearance design in the abroad, improve appearance design authorization standards in our country, strengthen the patent examination and draw lessons from the legislative experience of developed countries are helpful to improve the protection of exterior design patent law system of our country at present.