Monday, March 19, 2012

What exactly a bronze statue is

If the United States in 1930, a case, the applicant of a concrete agitator design patent application, the Patent Office to the lack of decorative aesthetic grounds, rejected the application. The court overturned the decision of the Patent Office, pointed out that the "beauty and decorative requirements of the design patent can not be defined as seen in the artwork or works of art and decorative." The court held that the purpose of the design patent law is encourage people as possible to eliminate many of the unsightly and disgusting machine or mechanical device characteristics. See Mingde. Legal protection of designs . Suddenly, the desire of possessing the bronze occurred to Zhou’s mind. Journal of Zhengzhou University (Social Science Edition). Copper bronze sculpture bronze degree thesis on the inside and outside publications published or publicly used designs are not the same or similar. Not the novelty is not similar to refer to the originality or creativity.
Works must be original, but the copyright law on creativity and creative on the patent law there are obvious differences: First, the copyright novelty of the completion of a same or similar work, as long as they are creative, they are protected; First, he persuaded Song to make over the bronze sculpture.  Second, the patent novelty requirement is higher than in the works of originality requirement of copyright law is expression of ideas and perspectives, so the copyright included the creation of generally lower than the requirements of the Patent Law creative works behind the ideas and viewpoints can be the same or similar, as long as the expression of the originality of individual intellectual creations results reflect the design rights and copyright of the same point is that they are external manifestations of the protection of intellectual creative act and to ensure the economic benefits of this creation; their essential differences between different function or role, a creation can be an art appreciation works in an industrial product from the practical or decorative role.
Copyright protection pure artistic creation, "the case of a work of art, it should be protected by copyright; design protection design as a whole, including the carrier of skills. "the case of a work of actual use or decorative purposes, should be protected by design right. What exactly a bronze statue is? The one is copyrighted by the bronze sculptures in the case of design protection conditions, can apply for registration for the design patent is protected by patent law in China, then, copyright has the right to design features, but also characteristics  chinese bronze, may be subject to the double protection of copyright and design patent? from the concept of area seems to be taken such as the U.S. patent examination practice of the principle of "single source" to determine patent novelty will soon apply for the case with compared to an existing technology.
 If the same loss of novelty, different not lose its novelty, the only non-obvious case, the integrated two or more existing technology and application for. view of this, China design patent law is not the same as "understandable for - innovative nature;" similar "is not whether one-on-one and the same comparison can be understood as originality or creativity. The [Spain] De Liya? Lee Puxi Ke copyright and neighboring rights Beijing: China Translation and Publishing Corporation. bronze dragon is a national treasure, a symbol of the power and dignity of the country. bronze art for a purpose: Protection of industrial property to separate the rich beauty of the patent law protection industrial applicability, designs and copyright protected forms of expression, shape, pattern, color works, however, specific to the practical art, difficult to distinguish between "what is design protected by patent law or are protected by copyright protected works.

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