Is there any temporary protection for the exterior design?

When applying for a Design patent, many people are worried that the design will be registered by others during the application process, causing their efforts to be in vain. They hope that the relevant departments can provide temporary protection policies first. So, does the design have temporary protection? Listen to the specific opinions given by the editor of Legal Savior.

Is there any temporary protection for the design? Yes.

After the utility model or design patent application is announced, you can get the same temporary protection as after the invention patent application is announced. That is, the applicant can require the unit or individual who implements the utility model or design to pay appropriate fees. If the unit or individual who implements the utility model or design refuses to pay the royalties, the applicant may, after the patent application is approved, request the patent management authority for mediation in accordance with Article 77 of the Implementing Rules of the Patent Law, or may directly apply to Prosecution in the People's Court. When the patent administration agency mediates the case, it shall have the right to decide that the unit or individual implementing the utility model or design shall pay appropriate fees within a designated period of time. If the party concerned is dissatisfied with the decision of the patent administration authority, he may file a lawsuit in the People's Court.

What to do if design patent rights conflict with copyrights

In our country, arts and crafts can apply for appearance Design patents, such as bracelets, earrings, necklaces, rings, decorative glass products, decorative baskets, decorative porcelain, art pottery, vases, figurines, mosaics, artificial flowers, artificial fruits, artificial shrub branches, etc. Arts and crafts fall within the scope of patent law and are not protected by copyright.

If works such as painting, calligraphy, photography, film, television, and graphics are used for industrial design for the first time, they are protected by copyright; if the work is used again on similar products, , is regulated by the Patent Law and is not protected by the Copyright Law.

In order to solve the overlap between copyright and design patent rights, "one-time sale" can be adopted, which refers to works such as paintings, calligraphy, photography, film and television, graphics, etc. When used for industrial designs, the copyright owner must transfer the property rights in the copyright used on the product to the producer. After the rights are transferred, the product will be subject to the same patent law adjustments as above and will no longer be subject to the copyright protection system. The "one-time sale" method has the following characteristics:

First, when a producer uses a copyrighted work on a product for the first time, he must obtain permission from the copyright owner. License, and payment.

Second, the copyright owner of the work must sell all the property rights in the copyright used on similar products.

Third, after "one-time sale", the product is only subject to patent law. If a design patent is obtained, others are not allowed to imitate it. If a design patent is not obtained, Let others copy it. Fourth, the right to use the work on different types of products still belongs to the copyright owner.

If you want to know how a lawyer can help you solve the problem of design infringement, it is recommended that you click on the online consultation system and directly ask our lawyer.