外观设计专利权与著作权的冲突及解决机制

The Conflict of Right and Ways Between Design Right and Copyright

随着人们越来越多地追求生活的品质,富有美感的外观也越来越成为购物选择的重要因素,外观设计专利权和著作权的冲突也愈加明显。结合实际情况,论述了外观设计专利权与著作权冲突的含义及实质,分析了该冲突产生的原因,认为处理冲突时应以平衡原则为切入点,继而提出了解决外观设计专利权与著作权冲突的可以采用的解决路径。

As people put more weight on pursuing the quality of life, at the same time, the beautiful design of the product has been becoming a significant factor when people purchase. Consequently, the conflict between the design right and copyright turns to be more and more obvious. And the amount of cases about it in real -life has increased sharply. Combining with the practice, in this essay, I would like to discuss the definition, constitution and essence of this problem, analyze the existent situation as well as the reasons about it. Besides, I also pmpese several feasible metheds to solve it. But I firmly believe that all the methods should base on the ＂Balance Theory＂ . I made an incorporate summary and generalization according to other people＇ s correlative experience. On the foundation of it, through the way of analyzing the cases, combining theory with practice, I discuss all aspects of this conflict as well as the reasonable methods to deal with it.