Author(s)

Huilun Lin, Xueying Feng, Fangying Ji, Yuhe Ran

Corresponding Author

Huilun Lin

ABSTRACT

The partial design system has received more and more attention in the background of the development of a design. The fourth amendment to the Patent Law of PRC formally clarifies the partial design system, conforms to the requirements that China’s economic development process and the design system are geared to international standards. This paper takes the normative analysis method and the value analysis method as the main research methods, clarifies the current situation of China’s partial design system and analyzes the shortcomings of the system, helps construct the partial design system from the basic definition of norms, patent grant conditions, infringement judgment and other aspects. In the infringement treatment method, the judgment principle, judgment standard and judgment subject are examined, and the content of the system is improved by clarifying the connotation of “local part”, protecting from multiple angles and recognizing the relative independent value, so as to promote the increasing protection of partial design of China.

KEYWORDS

Partial design, design, patent right