Administrative enforcement: an important remedy for design disputes

By Eric Su

Administrative enforcement is a useful tool for resolving design disputes, but it remains underused by international design owners

Product design plays an increasingly important role in commercial competition, given that a well-designed product is more likely to impress consumers with its appearance. In China, a design can be protected either as a design patent or as packaging or decoration for well-known goods. The former is protected by the Patent Law, while the latter is protected by the Anti-unfair Competition Law. Sometimes the design can also be protected as a three-dimensional (3D) trademark and a copyrightable work.

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Issue 71