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Study on the Borderline of the Protection of Industrial Design Drawings in Copyright Law

Wang Qian  
The 1956 Copyright Law of UK appropriately extended the scope of protection for the industrial design drawings, in which the manufacture based on the industrial design drawings and the copy of the production made by the industrial design drawings could be deemed as infringement actions, except the situation in which the "non-expert defense" could be applied. This protection actually made the printer cartridges protected by copyright law, and caused chaos of legal logic, which was finally solved until the Copyright Law of UK was revised in 1988. What is protected by copyright law in industrial design drawing is the rigorous, precise, concise, harmonious and symmetrical "scientific beauty" comprised by point, line, plane and various geometric constructions, not its artistic attraction. The plane-to-plane copy of the industrial design drawings completely represents the scientific beauty, so it should be granted by the copyright owner. Because of the basic theory that copyright law does not protect the utility function, the construction of buildings and the manufacture of product according to the design should not be prohibited by copyright law, as these actions are just the process of realizing the technical function.
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