Second, should industrial design adopt compulsory license?
The Trips Agreement does not mention the compulsory licensing of industrial designs, and in most countries that protect industrial designs by industrial property law, it is not allowed to adopt the compulsory licensing system for industrial designs. China's patent law only provides for compulsory licensing of invention patents and utility model patents. However, the agreement allows member countries to impose certain restrictions on industrial design rights, but these restrictions must meet three preconditions:
(1) Their design must ensure that the legitimate rights and interests of third parties will not be unduly affected by the exclusive right to design.
(2) It shall not interfere with the normal use of the relevant design, including the interests of the legal licensee.
(3) It shall not exceed a reasonable limit, so as not to harm the interests of the obligee. In practice, China can only take compulsory license for invention patents, utility model patents and copyrights, and never take compulsory license for trademark rights and design patents.
However, Trips Agreement is neither prohibited nor allowed, leaving a problem worth discussing.
Comments of Fuzhou Intellectual Property Lawyers:
Focus on handling the retrial appeal cases of legally effective intellectual property disputes that are indeed wrong, adhere to the practice concept of "being excellent and unique", the handling mode of "collective case handling system", the safeguard measures of "expert argumentation system" and the acceptance principle of "being really wrong", and deal with difficult and major disputes in retrial between the two universities. In line with the creed of "professional leading, honesty-oriented", we will do things to safeguard the legitimate rights and interests of the parties, so that everyone will no longer be troubled by intellectual property issues and accelerate the pace of building a society ruled by law. Brief introduction of Fuzhou lawyer Bao Luan;
Since practicing, I have accumulated rich experience in litigation business in long-term actual combat. Mainly good at companies, real estate, property services, property rights, contracts, medical legal affairs, marriage and family cases, and various criminal cases. In legal services, we have always respected the service principle of "studying law intensively, being proficient in practice and being diligent and conscientious". Through continuous exploration, innovation and development, we have solved many difficult problems for our customers and won wide acclaim. In the process of representing each case, we also pay attention to carrying forward the legal spirit, so that the concept of pursuing fairness and justice can be passed on to customers, and the principles of equality, voluntariness, fairness, honesty and credibility can be reflected in customers' trading behavior. A high sense of responsibility, familiarity with legal norms and good practical experience are all guarantees for the success of debt collection.