Design and Intellectual Property
摘要
This chapter systematically examines the protection pathways and conflict resolution mechanisms for design works within the legal framework of intellectual property, aiming to provide designers and policymakers with practical guidance across interdisciplinary laws. Firstly, it clarifies the boundary between ‘inspiration’ and ‘plagiarism,’ noting that unconscious imitation may also trigger infringement risks, and emphasizes the equal importance of registration-based rights confirmation and compliance review. Secondly, drawing on both international agreements and domestic statutes, the chapter dissects how designs receive layered protection across four intersecting legal regimes. Copyright guards the concrete expression of a design, while patent law insists on novelty, individual character and industrial applicability. Trademark doctrine secures brand identity by measuring distinctiveness and the risk of consumer confusion. Anti-unfair competition rules then act as a residual safety net, shielding unregistered designs, packaging configurations and even digital data formats from misappropriation. Furthermore, this chapter explores the dual nature of intellectual property as both a private right and a human right, analyzing how intangibility, territoriality, temporality, and exclusivity influence design strategies. Finally, it incorporates TRIPS, RCEP, and the Hague Agreement into the analysis, demonstrating how international harmonization mechanisms facilitate design registration, priority rights, remedies, and cross-border enforcement. Only by simultaneously enhancing originality, compliance management, and multilateral coordination can design aesthetics be transformed into sustainable competitive advantages.