International Code of Protection for Packaging Design
According to the United Nations "Design Code", any "graphic design" and "three-dimensional modeling" are appearance designs. It can be seen that packaging design, packaging and decoration belong to the category of design.
The first country in the world to legally protect designs was Britain. In 1709, the United Kingdom enacted the world’s first copyright law, the “Queen Annaâ€, which clearly stipulated that industrial designs as part of works of art would be protected by law.
In 1793, the copyright law promulgated by France also included designs in the protection category. Article 1 of the Act stipulates that any type of painter or drawing artist shall enjoy the exclusive right to sell and distribute his works within the Republic of France within his lifetime and the right of assignment. But the industrialists and producers of the Republic are not satisfied with this. They need more legal protection. They complained everywhere and finally issued a regional protection law on March 18, 1806. This is the first specialized in the world. Design law.
France's design law encouraged design workers in the countries of the surrounding regions. Under their encouragement, the design protection system was successively formed in Europe and the United States. Britain in 1839, the United States in 1842, Austria in 1858, Germany in 1876, Spain in 1884, and Italy in 1885 have successively enacted laws in this area.
On March 20, 1883, the International Conference for the Protection of Industrial Property held in Paris, France, signed the "Paris Convention" (PCPIP). The appearance design was officially recognized internationally as an industrial property right. When the "Paris Convention" was revised in 1958, it has officially added Article 5: "Designs should be protected in all member states of the Union". On December 6, 1925, some countries signed an agreement in The Hague, the Netherlands, to establish the "The Hague Agreement" (HA) for the international application for design. The international cooperation for the protection of design was formally launched and was revised several times. In 1968, the Locarno Agreement was signed. According to incomplete statistics, there are about 150 countries and regions around the world that protect designs. China also participated in the “Paris Convention for the Protection of Industrial Property†on November 14, 1984, which put China’s design on the path of international protection.
In 1969, the Joint International Agency for the Protection of Industrial Property (BIRPI) developed a "Model Law for Designs in Developing Countries" (hereinafter referred to as the "Model Law" and also translated the "Model Law") specifically for developing countries and sent it to more than 80 countries. Government for research. October 27-29, the representatives from developing countries gathered in Geneva to review the "Model Law" and proposed to developing countries for reference. They also suggested that they consider joining the Paris Convention and are now a design paradigm.
In the 20th century, the world’s intellectual property protection system has further developed. In 1967, 51 countries in the world signed the "Convention for the Establishment of a World Intellectual Property Organization" and established the "WIPO of the World Intellectual Property Organization" (in 1974 WIPO officially became a UN agency). The WIPO Convention protects the following intellectual property rights: (1) Right to Invention (2) Discovery Rights (3) Trademarks, Business Names and Logos (4) Industrial Designs (5) Literary and Scientific Works Rights (6) Performing Arts Rights (7) Stop unfair competition (8) The right to other intellectual activities in science and technology, literature and art. The content of the TRIPS Agreement is generally the same as that of the WIPO Convention.
China's regulations for the protection of packaging design
Patent Law and Packaging Design Legal Protection
The Patent Law is a general term for the legal norms formulated by the state to confirm the ownership of the right to invention and its various social relations. A patent right is an exclusive right of a patentee to create a specific invention within a statutory period.
With the expansion of the scope of patent protection, the internationalization of patent protection is very important. International patent laws and regulations mainly include the International Patent Cooperation Treaty (PCT) of 1970, the European Patent Convention (EPC) of 1973, the African Patent Convention (OAPI) of 1962 (the LIBREVILLE Agreement), and the Strasbourg Accord SA (1971). "And the Americas CARTAGENA Agreement" and so on.
In 1903, 1912, and 1928, China announced the regulations concerning invention awards. In 1944, the Kuomintang government promulgated the "Rule of the Republic of China Patent Law." In 1950, New China promulgated the "Provisional Regulations on the Protection of the Right to Inventions and Patent Rights," which was promulgated in 1984 and the People's Republic of China Patent Law in 1985. The second revised edition of the Patent Law in 2000 was implemented at the end of 2001.
The second half of the 20th century was an era of international intellectual property protection. China has successively participated in international conventions such as the International Classification of Industrial Designs (joined in 1968), the Convention of the World Intellectual Property Organization (March 1980), the Paris Convention (November 1984), and the cooperation in patents. Convention (January 1993), International Patent Classification Treaty (July 1994), Budapest Treaty (April 1995). In addition, in 2001, China also signed the TRIPS Agreement of the World Organization.
In general, the scope of patents for protective packaging refers to packaging inventions, utility models, and packaging designs. The difference between them is that the scope of protection of packaging inventions is broader than that of utility models, and the protection period is relatively longer. For example, cans are packaging invention patents, while improved cans are utility patents. Packaging design refers to the new design of the product package's shape, pattern, color, or synthetic beauty and is suitable for industrial production applications. (To be continued)
According to the United Nations "Design Code", any "graphic design" and "three-dimensional modeling" are appearance designs. It can be seen that packaging design, packaging and decoration belong to the category of design.
The first country in the world to legally protect designs was Britain. In 1709, the United Kingdom enacted the world’s first copyright law, the “Queen Annaâ€, which clearly stipulated that industrial designs as part of works of art would be protected by law.
In 1793, the copyright law promulgated by France also included designs in the protection category. Article 1 of the Act stipulates that any type of painter or drawing artist shall enjoy the exclusive right to sell and distribute his works within the Republic of France within his lifetime and the right of assignment. But the industrialists and producers of the Republic are not satisfied with this. They need more legal protection. They complained everywhere and finally issued a regional protection law on March 18, 1806. This is the first specialized in the world. Design law.
France's design law encouraged design workers in the countries of the surrounding regions. Under their encouragement, the design protection system was successively formed in Europe and the United States. Britain in 1839, the United States in 1842, Austria in 1858, Germany in 1876, Spain in 1884, and Italy in 1885 have successively enacted laws in this area.
On March 20, 1883, the International Conference for the Protection of Industrial Property held in Paris, France, signed the "Paris Convention" (PCPIP). The appearance design was officially recognized internationally as an industrial property right. When the "Paris Convention" was revised in 1958, it has officially added Article 5: "Designs should be protected in all member states of the Union". On December 6, 1925, some countries signed an agreement in The Hague, the Netherlands, to establish the "The Hague Agreement" (HA) for the international application for design. The international cooperation for the protection of design was formally launched and was revised several times. In 1968, the Locarno Agreement was signed. According to incomplete statistics, there are about 150 countries and regions around the world that protect designs. China also participated in the “Paris Convention for the Protection of Industrial Property†on November 14, 1984, which put China’s design on the path of international protection.
In 1969, the Joint International Agency for the Protection of Industrial Property (BIRPI) developed a "Model Law for Designs in Developing Countries" (hereinafter referred to as the "Model Law" and also translated the "Model Law") specifically for developing countries and sent it to more than 80 countries. Government for research. October 27-29, the representatives from developing countries gathered in Geneva to review the "Model Law" and proposed to developing countries for reference. They also suggested that they consider joining the Paris Convention and are now a design paradigm.
In the 20th century, the world’s intellectual property protection system has further developed. In 1967, 51 countries in the world signed the "Convention for the Establishment of a World Intellectual Property Organization" and established the "WIPO of the World Intellectual Property Organization" (in 1974 WIPO officially became a UN agency). The WIPO Convention protects the following intellectual property rights: (1) Right to Invention (2) Discovery Rights (3) Trademarks, Business Names and Logos (4) Industrial Designs (5) Literary and Scientific Works Rights (6) Performing Arts Rights (7) Stop unfair competition (8) The right to other intellectual activities in science and technology, literature and art. The content of the TRIPS Agreement is generally the same as that of the WIPO Convention.
China's regulations for the protection of packaging design
Patent Law and Packaging Design Legal Protection
The Patent Law is a general term for the legal norms formulated by the state to confirm the ownership of the right to invention and its various social relations. A patent right is an exclusive right of a patentee to create a specific invention within a statutory period.
With the expansion of the scope of patent protection, the internationalization of patent protection is very important. International patent laws and regulations mainly include the International Patent Cooperation Treaty (PCT) of 1970, the European Patent Convention (EPC) of 1973, the African Patent Convention (OAPI) of 1962 (the LIBREVILLE Agreement), and the Strasbourg Accord SA (1971). "And the Americas CARTAGENA Agreement" and so on.
In 1903, 1912, and 1928, China announced the regulations concerning invention awards. In 1944, the Kuomintang government promulgated the "Rule of the Republic of China Patent Law." In 1950, New China promulgated the "Provisional Regulations on the Protection of the Right to Inventions and Patent Rights," which was promulgated in 1984 and the People's Republic of China Patent Law in 1985. The second revised edition of the Patent Law in 2000 was implemented at the end of 2001.
The second half of the 20th century was an era of international intellectual property protection. China has successively participated in international conventions such as the International Classification of Industrial Designs (joined in 1968), the Convention of the World Intellectual Property Organization (March 1980), the Paris Convention (November 1984), and the cooperation in patents. Convention (January 1993), International Patent Classification Treaty (July 1994), Budapest Treaty (April 1995). In addition, in 2001, China also signed the TRIPS Agreement of the World Organization.
In general, the scope of patents for protective packaging refers to packaging inventions, utility models, and packaging designs. The difference between them is that the scope of protection of packaging inventions is broader than that of utility models, and the protection period is relatively longer. For example, cans are packaging invention patents, while improved cans are utility patents. Packaging design refers to the new design of the product package's shape, pattern, color, or synthetic beauty and is suitable for industrial production applications. (To be continued)
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