The EU Design Approach
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The EU Design Approach

A Global Appraisal

Edited by Annette Kur, Marianne Levin and Jens Schovsbo

The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?
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Chapter 10: Legal protection of industrial designs in China

Yin Qile and Zhang Weijun

Abstract

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.

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