Protecting technical equipment through patents and design rights against product counterfeiting : what intellectual property rights could be the most effective form of protection in the People's Republic of China?

This thesis researches the protection of technical equipment through patents and design rights against product counterfeiting: What intellectual property rights could be the most effective form of protection in the People’s Republic of China? The aim of this thesis is to shed light on the types of intellectual property rights that could provide the most effective means of addressing product counterfeiting and related intellectual property infringement in China. This thesis offers an overview of patents and design rights in the EU and China. Additionally, this thesis explores intellectual property rights that could serve as alternatives for practical reasons, as well as further remedies for acting against infringement in China. The goal is to provide clarity for individuals and entities aiming to avoid unwanted complications related to protecting technical equipment in China and an understanding of proper courses of action when infringement is detected. In the realm of design rights, the protection of readily aesthetic features plays a crucial role in enhancing their strength. The visual nature of design patents in China, along with the application of the ordinary observer standard, adds to their potency in infringement cases. The emphasis on overall appearance and the ease of demonstrating similarities make design patents a robust tool for protecting distinctive and ornamental aspects of technical equipment. Furthermore, design patents could prove more effective in customs protection. Despite design patents having a shorter duration compared to invention and utility model patents, the speed of the market makes the protection term sufficient considering the importance of acting quickly. This thesis concludes that securing design rights can prove to be the most efficient way to address product counterfeiting in China.

Author dc:creator

• María Rún Vilhelmsdóttir 1990-

Contributors dc:contributor

• Háskólinn í Reykjavík

• Lögfræði
• Meistaraprófsritgerðir
• Hugverkaréttur
• Einkaleyfi
• Kína
• Law
• Intellectual property
• Patents

Language dc:language.iso

en

Handle dc:identifier.uri

http://hdl.handle.net/1946/46193

OAI identifier oai:identifier

oai:skemman.is:1946/46193