双十一来了，作为店主的你还在为外观设计纠纷头痛吗？

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Time of issue:2017-11-08 14:51
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(Summary description)双十一马上来了，大家都已经做好了买买买的准备，此时的天猫已经把战线拉起来了!如果你是天猫店主，是否也在摩拳擦掌，想要在今年大干一场?　　双11在即，可千万别因为外观专利的原因被别人投诉导致下架了哦!　　近期案例1　　天猫服装店主某先生，由于衣服都是直接仿的爆款再加上会经营，生意红红火火，本想着这次双十一能够大干一场，没想到却收到了投诉，称其店内的衣服涉嫌侵犯他人的外观新型专利，要求产品被下架。　　

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双十一来了，作为店主的你还在为外观设计纠纷头痛吗？

Categories:最新消息
Author:
Origin:
Time of issue:2017-11-08 14:51
Views:

Information

　　双十一马上来了，大家都已经做好了买买买的准备，此时的天猫已经把战线拉起来了!如果你是天猫店主，是否也在摩拳擦掌，想要在今年大干一场?

　　双11在即，可千万别因为外观专利的原因被别人投诉导致下架了哦!

　　近期案例1

　　天猫服装店主某先生，由于衣服都是直接仿的爆款再加上会经营，生意红红火火，本想着这次双十一能够大干一场，没想到却收到了投诉，称其店内的衣服涉嫌侵犯他人的外观新型专利，要求产品被下架。

　　近期案例2

　　无独有偶，开网店的王先生也遇到了同样的问题，王先生是做板凳生意的，也是直接一比一复制了正流行的板凳产品，连包装也复制正流行的产品包装。正在王先生生意做的风生水起的时候，却收到了一封来函，说王先生的板凳侵犯了其外观设计专利，要求交许可费，不然就要向平台投诉，下架所有产品。

　　有了上诉案例，于是关于“天猫出了新的规定：没有外观设计专利就下架”的消息便在朋友圈疯传。但其实天猫并没有这条规定，上诉店家之所以被投诉，仅仅是因为竞争所致。

　　外观设计专利重要性

　　明明是同样的产品，但贴一个自己的牌子，就可以卖出不同的价格，这就导致竞争。毕竟谁也不愿意自己辛苦设计的产品被他人直接复制，这时候就需要外观设计专利来为你保驾护航。

　　通常情况下，根据《专利法》的描述，外观设计专利就像是“外貌”，而发明专利则更像是“内涵”，而且发明专利由于审查内容更详细，审查流程更复杂，所以大家更多的认为发明专利的价值比外观设计专利更高，这也间接的印证了内涵比外貌更重要。

　　但其实外观新型专利并不是没用的，比如在上诉案例中，外观设计专利就发挥了其应有的作用：申请外观设计专利的店家就可以投诉没有申请外观设计专利的店家，要求其下架，简单粗暴，效果还立竿见影。

　　什么产品适合申请外观设计专利?

　　中国《专利法》第二条中规定：“外观设计，是指对产品的形状、图案或者其结合以及色彩与形状、图案的结合所做出的富有美感并适于工业应用的新设计。可见，外观设计专利应当符合以下要求：

　　(1)是指形状、图案、色彩或者其结合的设计;

　　(2)必须是对产品的外表所作的设计;

　　(3)必须富有美感;

　　(4)必须是适于工业上的应用。

　　也就是说，各种看得见的产品(不包括方法)都可以申请外观设计专利，不仅能让产品产生高颜值的设计感，并且远远抛弃竞争对手在身后。最重要的是外观设计专利申请相对于发明和实用新型较为简单，只要提交符合要求的各个角度的图片照片及简要说明就可以。

　　所以企业和商家一定要积极的对自己的专利进行全方位的、及时的申请，并对专利抢注进行监控、防范和应对，避免给自己带来的持续性损失。

　　下面小编开始敲黑板划重点了，最重要的事情来了：若是有外观设计或其他专利申请的需求，请联系南京华讯吧!O(∩_∩)O~

　　圖片來源：中國知識產權局

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Electronic Arts pledges free use for five accessibility patents

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