BLP
2016/8
Indice
Dottrina
Le Politiche Fiscali di Contrasto alla Delocalizzazione del Reddito
Regulate Temporary Copy in the New Era for China
A Comparative Analysis of Cross-Border Insolvency Proceedings Between United Kingdom and Singapore
Design Patent Protection for Automotive Spare Parts in China: A Comparative Analysis With US and EU Laws and Legal Practice
Car makers invest significant amounts of money in filing for the protection of the outer design of their spare parts worldwide. On the other hand they are reluctant to enforce them, especially in China, where designs are often counterfeited. Such reluctance is in good part attributable to a lack of understanding of the Chinese legal system and of the differences between the Chinese design laws and those in force in the EU and the US. This paper provides a detailed description of the Chinese laws and regulations, including the most compelling case law, regarding the protection of the outer design of automotive spare parts in comparison with those in force in the EU and the US. In particular, Chinese spare part design protection is neither restricted by a repair clause as in Europe, nor affected by the uncertainties deriving from the current approach to functional features in the US. Overall, the Chinese legal system is favorable to car manufacturers and they should enforce design patents against counterfeiters in China without hesitation, before more competition-friendly legislation may be enforced in the near future.
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