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Date & time Dec 8 '17
Creator fuadiskws

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How to Solve the Conflict between Copyright and Design Patents

In China, arts and crafts can apply for 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 shrubs, etc. These arts and crafts belong to the category of patent law and are protected by copyright for the first time for works of art design, such diamond ring cartier replica as painting, calligraphy, photography, film and television, graphics, etc., without protection of copyrights. For similar products Re-use of the work, then adjusted by the patent law, not for the protection of copyright law To solve this coincidence of copyright and design patents, can take 'a sell' refers to painting, calligraphy, photography, film and television, graphics, etc. When a work is used in industrial design, the copyright owner must assign the property right in the copyright used on the product to the producer. After the transfer of rights, the product is the same as the above patent law adjustment, no longer applies to the copyright protection system. The 'one-off' approach has the following characteristics: First, for the first time, a producer uses a copyright-protected work on a product and must obtain the permission of the copyright owner and pay the remuneration. Second, the copyright owner of the work must sell the property rights in the copyright used on the same kind of product. Third, 'a sell must', the product is only applicable to the patent law, obtain the design patent, others shall not be imitated, diamond replica ring cartier without the appearance of design patents, let others copy. Fourth, the right to use the work on different kinds of products still belongs to the copyright owner. Under this approach, for the first time, paintings, calligraphy, photography, video, graphics and other works are used cartier love ring knock off rose gold for the design of industrial designs, and the Copyright Law is applied. If the same product is used again, the patent law cartier marriage copy ring shall be adjusted.
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