Is the appearance of a car copyrighted or can I apply for patent protection?
To judge whether the automobile appearance is protected by copyright, we must first make clear the object of copyright protection. From the perspective of copyright law theory, copyright protects works in the fields of literature, art and science, and an important feature of such works is to meet the aesthetic needs of the public or obtain information. Just like this, China's copyright law defines the works protected by China's copyright law as "works of literature, art and natural science, social science, engineering technology, etc." Created in the following forms: written works; Oral works; Music, drama, folk art, dance and acrobatic works; Artistic and architectural works; Photographic works; Film works and works created by similar photography methods; Graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams; Computer software; Other works as prescribed by laws and administrative regulations. As for the appearance design (such as the appearance of a car), it is not the object of copyright protection in China, mainly because the appearance design itself is not to meet the aesthetic or information needs of the public, but to be implemented in industrial production. Although the appearance of a car is not protected by copyright, the appearance of a car that meets certain conditions can apply for patent protection of design. According to the provisions of China's patent law, "appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination of colors, shapes and patterns of products". Design must be based on the product and applied to the product. As far as the design of automobile is concerned, it needs to be combined with the carrier of automobile to be protected by the patent right of design. As far as the licensing conditions of design patent right are concerned, Article 23 of China's Patent Law stipulates that "the design granted patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date ... The existing design mentioned in this Law refers to the design known to the public at home and abroad before the filing date. In addition to taking the whole automobile as the protection object of the patent right of design, the parts on the automobile (such as seats, tires, lights, etc.). ) If it meets the authorization conditions of the design patent right, you can also apply for patent protection.