Intellectual Property Protection of Product Configuration
Date Issued
2007
Date
2007
Author(s)
Lin, Pin-Hsuan
DOI
zh-TW
Abstract
A successful product usually has an appealing, attractive configuration. Through the design of product configuration, it makes the fastest way to catch consumers’ eyes, so “product design” becomes the crucial issue for every company in inventing or promoting a new product. Furthermore, how to evaluate the design configuration of product appropriately in intellectual property field seems to be an important and interesting theme.
This thesis standing on the manufacturer’s point of view tries to figure out the intellectual property protection of product configuration in different design processes. Under our law system, when the product with design configuration is ready to enter the market, it may involve several kinds of intellectual property law, such as patent law, copyright law, trademark law and unfair competition law. When it comes to varied protection of intellectual property－design patent, applied art (copyright), trade dress (trademark), it is always a truly difficult situation to face. Therefore, the thesis attempts to unravel the problem by rethinking the core essence of each intellectual property law, and provides the proper way in protecting the design configuration of product for manufacturer or companies to choose.
Subjects
商品外觀
外觀設計
工業設計
新式樣專利
應用美術著作
美術工藝品
立體商標
公平交易法之表徵
product configuration, patent, design patent
applied art
copyright
trade dress
trademark
unfair competition law
Type
thesis