this summer, "Apple vs Samsung and Cristi - Louboutin (Christian Louboutin) vs Yves? Saint Laurent (Yves Saint Laurent)" the two patent infringement lawsuits become a hot topic. Also allow the industry began to reflect, the excessive design patent may hinder competition in the market.

perhaps no one would think, http://michaelkors-australia.webs.com/ - michael kors australia , What is the connection between the dispute around the smartphone patent dispute surrounding patent high heels. However, these two events is an important front-line "imitation" and "competitive" battle. That is, the use of design and control of the competitive, to go to war to win the right to market dominance.

8 to early September, the two patent infringement lawsuits in major newspapers, magazines occupy a substantial forum, http://jordans-for-women.webs.com/ - jordan for women . , http://jordans-for-women.webs.com/ - jordans women , Apple sued Samsung, saying that mimics the design of the "iPhone" and "iPad"; another, the designer Cristi - Louboutin red soles due to the design of their own representative to be imitated, and the prosecution of the Iraq Cardiff - Saint - Laurent, ask for compensation.

Apple is not only to prosecute the Samsung touch operation "or" pinch pull Zoom touch screen function, http://www.jordansforwomen.us - jordan store , but also advocated the rectangular shape of the electronic equipment is also Apple's exclusive design.

iPhone and iPad innovative features? Did not. Televisions, computer monitors, magazines, and books shapes are generally rectangular in shape. In fact, rectangular has been in media consumption commodities generally shape.

Therefore, the requirements for the basic shape of the design patent has fully refute the evidence. In any case, the use of rectangular design is not Apple's first. Before the iPhone market, http://eluxurylouisvuittonshop.webs.com/ - Eluxury Louis Vuitton , "PRADA phone by LG" on the use of the same shape. , Apple mastered the rectangular control over the shape, is bound to hinder the Tablet PC, smart phone field equal competition.

Court, http://www.salvatore-ferragamo-outlet.us/ - Ferragamo Online , ruled that Samsung did not infringe on Apple patents, http://eluxurylouisvuittonshop.webs.com/ - Louis Vuitton Eluxury . However, with respect to the rectangular shape of the iPhone that Samsung infringed several patents Apple. In addition, the shape of the patent on iPad, the Court did not specify Apple's design patent invalid.

On the other hand, Bhutto and Saint-Laurent dispute is not about the shape, but on the color of the dispute. Louboutin believes that only he advocated high heels heel crimson, http://www.womenjordansforsale.us - michael jordan shoes .

District Court of First Instance dismissed the Bhutto litigation, that the field of fashion, color is not simply aesthetic factors, and also have the function attributes, http://www.salvatore-ferragamo-outlet.us/ - http://www.salvatore-ferragamo-outlet.us/ . Color contains the functional properties, which is among the competition, there are factors that allow enterprises to gain an advantage, if the color is dominated fashion industry will greatly hinder competition in the market.

However, the New York Court September 5, despite not negate the fashion color have the functional properties of the judgment, but to overthrow some of the conclusions of the first trial, http://jordans-for-women.webs.com/ - http://jordans-for-women.webs.com/ , some authorized Louboutin rights.

New York court recognized trademark, only in red high heels heel with the rest of the color formed by contrasting design occasions. In addition to heel, the other part is red, so did not infringe Saint Laurent Louboutin patent.

technological innovation continue to occur with large "inspiration" and a breakthrough is often appreciated. But, in fact, often, good ideas being a little bit creative fusion of others, will become more perfect than the previous. That is, the ability to imitate in the process of innovation is also indispensable.

if the enterprise is more to assert their own patents on the shape or color of the product, it will hinder the process of innovation. Uncertain boundaries between pure design and functional attributes, http://www.jordansforwomen.us - Women air jordans . If recognized by the monopoly of some companies patent more than some of the basic features of this line, http://michaeljordanshoess.webs.com/ - michael jordan shoes , and will hinder fair competition in the market, at the same time will also harm the interests of consumers.

translated: September 13, 2012 [Japanese] wired.jp compile: China CCPIT Electronics & Information Industry Sub Wang Xiwen

more, see "China's economy - international channels - the international IT industry information

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