ii. Should industrial designs be subject to compulsory licensing
The p>Trips Agreement does not mention the compulsory licensing of industrial designs, and in most countries that protect industrial designs by industrial property law, the compulsory licensing system is not allowed. China's patent law only provides for compulsory licensing of invention patents and utility model patents. However, the agreement allows members to impose certain restrictions on the industrial design right, but the restrictions must meet three preconditions:
(1) They must be to ensure that the legitimate 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 legitimate licensee.
(3) it should not exceed the reasonable limit, so as to harm the interests of the obligee. In practice, China can only adopt compulsory license for invention patents, utility model patents and copyrights, and never adopt compulsory license for trademark rights and design patents.
The Trips Agreement is neither prohibited nor allowed, leaving a question worth discussing.
Fuzhou Intellectual Property Lawyer's Comments:
Focus on the handling of retrial appeal cases of intellectual property disputes with legal effect that are indeed wrong, and adhere to the practice concept of "only excellence and uniqueness", the case handling mode of "collective case handling system", the safeguard measures of "expert argumentation system" and the acceptance principle of "indeed mistakes" to deal with difficult and major disputes in the retrial of the two universities. In line with the creed of "leading the profession, taking honesty as the foundation", we should do things in order to safeguard the legitimate rights and interests of the parties, so that everyone will no longer be troubled by intellectual property problems and accelerate the pace of building a society ruled by law. Brief introduction of Bao Luan, a lawyer in Fuzhou:
Since practicing, he has accumulated rich experience in litigation business in a long period of 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 "intensive study of jurisprudence, proficiency in practice and diligence". After continuous exploration, innovation and development, we have solved many difficult problems for our customers and won wide praise. In the process of representing each case, we also focus on carrying forward the legal spirit, so that the idea of pursuing fairness and justice can be delivered to customers, and the principles of equality, voluntariness, fairness, honesty and credit can be reflected in customers' trading behavior. A high sense of responsibility, familiarity with legal norms and good practical experience all provide a guarantee for successful debt collection.