Teach you how to identify the materials of furniture

     In recent years, at all major exhibitions, you can see the figure of "cottage" furniture. "No rights can't be an exhibition" seems to be the endorsement of the furniture exhibition. The "cottage" furniture has been repeatedly identified, but in the end who copied the design ideas of anyone, no one can tell.

The State Intellectual Property Office has published the results of China's first survey of social satisfaction with intellectual property protection. The survey shows that in 2012, 16292 effective samples collected from 4 municipalities and 27 provincial capital cities across the country analyzed the severity of intellectual property rights infringement in China, the timeliness, convenience, and infringement compensation of intellectual property disputes. Several issues are the most concerned and unsatisfactory.

Mr. Li is a designer of a well-known furniture company in China and graduated from Tongji University. He told reporters that when designers design a set of furniture, they have to spend a lot of effort, but the styles are updated quickly. Now the furniture industry does not pay attention to the design of furniture, and is reluctant to spend this blood to invite designers, which eventually caused direct plagiarism. Other people's works, this vicious circle makes the imitation of the furniture industry more and more popular.

At present, the design of furniture products has gradually become the core of furniture products . Due to the initial design of domestic furniture, the intellectual property protection system is still immature. When faced with chaos such as homogeneous competition and plagiarism, domestic brand furniture companies only Can be helpless.

In this regard, an authoritative person in an industry said that due to the relatively low amount of compensation for furniture patent lawsuits, long time span, and short product life cycle, some furniture companies felt "very helpless" when facing patent infringement. "Defending rights" is not only difficult but also very tiring.

Many furniture companies did not pay much attention to the protection of intellectual property rights at the beginning of development, resulting in a lot of counterfeiting later. The manufacturers of imitation furniture are generally small workshops of several people, and the production conditions are relatively poor. In order to save costs, many brand furniture factories now outsource their products to other small factories. Due to the lack of corresponding management mechanisms, counterfeit and OEM products are all possible.

In China, the registration of works is a voluntary principle. The name of the person who registers is the one who applies. In terms of validity, the person who registered first is the default owner. Of course, because the “threshold” of copyright is relatively low, it is also risky for rights holders to safeguard their rights based on only registered works during the process of rights protection. If the production enterprise pastes a trademark and sells on the basis of imitation of practical art works, the situation is even more serious. It is suspected of violating the relevant laws and regulations of the trademark law and unfair competition law. If the situation is serious, it may also involve criminal liability.

 

Shanghai lawyer Fu Minyan analyzed that, according to the provisions of the Copyright Law, this type of furniture used in life belongs to practical art works, that is, works of art with practical uses. Some companies copy other people's design works according to customer needs, in fact, directly infringe on the copyrights of others. If the right holder applies for a design for the practical art work, then these counterfeiters are also suspected of infringing on the patent rights of others. Even if the right owner does not apply for the design of his practical art work, these practical art works are still protected by the copyright law, and the work right owner may require the infringer to bear the responsibility of stopping the infringement and compensating for losses according to the copyright law.

According to people in the legal profession, there are currently many laws and regulations that protect the design of furniture products in China, mainly including patent law, copyright law, trademark law, and other relevant laws and regulations. Among them, the Patent Law protects the patent right of the design or utility model of the furniture product; the Copyright Law protects the original design of the furniture and the design drawing of the furniture product; the Trademark Law protects the trademark right of the furniture product.

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