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Qile, Yin; Weijun, Zhang --- "Legal protection of industrial designs in China" [2018] ELECD 1023; in Kur, Annette; Levin, Marianne; Schovsbo, Jens (eds), "The EU Design Approach" (Edward Elgar Publishing, 2018) 232

Book Title: The EU Design Approach

Editor(s): Kur, Annette; Levin, Marianne; Schovsbo, Jens

Publisher: Edward Elgar Publishing

ISBN: 9781785364136

Section: Chapter 10

Section Title: Legal protection of industrial designs in China

Author(s): Qile, Yin; Weijun, Zhang

Number of pages: 19

Abstract/Description:

Industrial designs can obtain overall protection in China under Patent Law and Copyright Law. Since the appearance of a product can obtain protection mainly by being registered as a design patent, this chapter focuses on the design system prescribed in China’s Patent Law and also gives a brief introduction of copyright protection for works of applied art under China’s Copyright Law. The first section answers the reason for design becoming subject matter of the Patent Law of China. The second section discusses the salient features of the design patent approach in China. On the whole, though an industrial design is protected by the Patent Law, China’s design system largely borrows provisions from Trademark Law in the process of its establishment and implementation. The third section tries to harmonize Copyright Protection and Design Patent Protection in China.