This chapter explores the intellectual property protection of visual communication design. First, it defines visual communication design as an information transmission process utilizing visual symbols, tracing its evolutionary trajectory from graphic design to establish a legal analytical framework. Second, by examining four distinctive characteristics—timeless, commercial, no border, and interactivity—it demonstrates the necessity of applying copyright, patent, trademark, and anti-unfair competition laws in an integrated manner. Furthermore, the analysis combines visual communication design with legal cases, systematically examining four specific categories: type design, logo design, packaging design, and poster design. Finally, it proposes a phased governance framework. The creation phase requires clear delineation of the idea-expression dichotomy to prevent undue monopolization of creative concepts. The dissemination phase incorporates the ‘ordinary observer’ standard for infringement analysis, balancing consumer perception with competitive market considerations. At the remedy stage, an integrated approach incorporating copyright, patent, trademark, and anti-unfair competition law is implemented, with the red-can herbal tea case serving as a paradigmatic example of balancing trade dress rights with public interests. Only through the integration of design aesthetics, commercial logic, and normative flexibility can a dynamic equilibrium between innovation and fairness be maintained in the global visual economy.

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Visual Communication Design and Intellectual Property

  • Nan Jiang

摘要

This chapter explores the intellectual property protection of visual communication design. First, it defines visual communication design as an information transmission process utilizing visual symbols, tracing its evolutionary trajectory from graphic design to establish a legal analytical framework. Second, by examining four distinctive characteristics—timeless, commercial, no border, and interactivity—it demonstrates the necessity of applying copyright, patent, trademark, and anti-unfair competition laws in an integrated manner. Furthermore, the analysis combines visual communication design with legal cases, systematically examining four specific categories: type design, logo design, packaging design, and poster design. Finally, it proposes a phased governance framework. The creation phase requires clear delineation of the idea-expression dichotomy to prevent undue monopolization of creative concepts. The dissemination phase incorporates the ‘ordinary observer’ standard for infringement analysis, balancing consumer perception with competitive market considerations. At the remedy stage, an integrated approach incorporating copyright, patent, trademark, and anti-unfair competition law is implemented, with the red-can herbal tea case serving as a paradigmatic example of balancing trade dress rights with public interests. Only through the integration of design aesthetics, commercial logic, and normative flexibility can a dynamic equilibrium between innovation and fairness be maintained in the global visual economy.