How to solve the conflict between design patent and copyright

Painting, calligraphy, photography, film and television, graphics and other works. , first used in industrial design, protected by copyright; If the work is reused in similar products, it will be regulated by the patent law and not protected by the copyright law. In order to solve this kind of overlap between copyright and patent right of design, one-time sale can be adopted, that is, when paintings, calligraphy, photography, movies, graphics and other works are used in industrial design, the copyright owner must transfer the property rights in the copyright used in the product to the producer. After the transfer of rights, the products are adjusted according to the same patent law as above, and the copyright protection system is no longer applicable. The way of one-time sale has the following characteristics: first, the producer must obtain the permission of the copyright owner and pay remuneration for the first time to use the copyrighted work on the product. Second, the copyright owner of a work must sell the property rights in the copyright used in similar products. Third, after the product is sold out at one time, the patent law only applies to the product. If you get a design patent, others may not copy it. If you don't get the design patent, others may copy it. Fourth, the right to use works on different kinds of products still belongs to the copyright owner. According to this method, if painting, calligraphy, photography, film and television, graphics and other works. If it is used for industrial design for the first time, the copyright law shall apply; Where a work is reused in similar products, it shall be transferred to the patent law for adjustment.