| Summary: | 碩士 === 玄奘大學 === 法律學系碩士班 === 99 === Industrial design refers to the ornamental or aesthetic aspect of an article.The design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features like patterns,lines or colors.In terms of the role of design, Francis Gurry, World Intellectual Property Organization Director General, describes design as “the language of communication of objects,” which helps to communicate both function and esthetics. Designs are a valuable means of product differentiation as well, determining the success of one product over a comparable one. People usually appraise a subject by its visual appeal, so goods of the same class or kind having good design will have a competitive advantage over others. In other words, industrial design is an eye-appeal design applied on commercialized products. Also,industrial design represents an assurance of quality,and consumers usually have a stronger intention to purchase them. Industrial design not only adds to the commercial value of a product and increases its marketability but makes a product attractive and appealing. A fair return on investment is ensured when an industrial design is protected.On the other hand, an effective protection system also benefits consumers and the public at large by promoting fair competition and honest trade practices. Protecting industrial designs helps economic development by encouraging creativity in the industrial and manufacturing sectors, and contributes to the expansion of commercial activities and the export of national products.As to the transnational protection for industrial design, it depends on some varied international conventions detailed in this paper.For portion industrial design protection, the roots of international protection, the transnational registering system, and international legislations are the methods to achieve the international protection. The methods show the nature of industrial design is not the same as that of invention patent. A portion of a product may be registered as a partial design, and it right covers articles that have a same or similar portion of a registered partial design, even when the products are not similar as a whole. When an article has a designed portion that is worth protecting, the partial design should be also filed. The result of this research could be good for the theoretical development and the practice.It is expected the suggestions in this study are valuable for legislators to develop new legal rules and private enterprises to propose the strategy more effectively.
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