Legal Problem on Patent Product Design: A Case Study of Mud-Dyed Indigo Cotton of Hae-tai village Kosumphisai District Mahasarskham Province.

Abstract

The purposes of this study were 1. Study the concepts and theories about protection of local product design in patent law. 2. Study the legal measures to protect local product designs under the patent law. 3. Analyze the problem of applying for product design protection of indigo-dyed cotton cloth with mud fermented under the patent law. And 4. To suggest solutions to the problem of product protection of indigo-dyed cotton cloth, mud fermented under the patent law. This is a qualitative research. There are research tools such as in-depth interviews. The target group is business designers of indigo-dyed cotton products with mud fermented in their operations in Tambon Hae Tai. Kosum Phisai District Maha Sarakham Province, 10 cases from a specific selection. Then use the information gathered from in-depth interviews with the target audience. and various related documents for content analysis The results showed that 1) Study the concepts and theories about protection of homegrown product designs under patent law. Based on the protection of works that are new and can be used for industrial purposes, including handicrafts. 2) The legal measures used to protect the designs of homegrown products according to the patent law are that the patent law does not have a legal measure to protect the design of the product. 3) Problem of applying for product design protection of mud dyed indigo cotton according to patent law is that mud dyed indigo cotton is still lacking in newness. and also facing problems in industrial application, including handicrafts; and 4) solutions to the problem of protection of product designs of mud dyed indigo cotton according to patent law. Patent law should be amended to protect local product designs.