| Along with the global economy, science and technology, and the integration of strengthened day by day, international between ipr infringement phenomenon, which about cars is increasing cases of infringement of appearance design is common. In the western developed countries, has strengthened in succession to protection efforts, thus strengthening the overseas market for infringement of intellectual property protection and prevention. In order to welcome the coming in from the western developed countries patent challenges, our country in the traditional industries, especially in the automotive field, are already set yourself in the enterprise's intellectual property protection movement strategies. This paper ShuangHuanQiChe appearance design with Honda lawsuit infringement cases as the background, through our court decision, and different decision between the reason to emphatically analyzes our country appearance design is the basis of the standard, this paper designs the history origin and finally derivation of Chinese automobile industry appearance design, protection of exterior design protection so as to have a relatively clear-cut criteria.This article mainly includes three parts, the main content as follows:The first part of this case, this paper briefly introduces the basic situation, and deeper derivation of the fiat lawsuit greatwall motors case basic situation, and listed in this case the process involved in the relevant legal disputes focus.The second part of this case, combined with the case to the related question from a theoretical analysis and theoretical and practical legal aspects emphatically discussed appearance design criteria to judge right infringement. Through the analysis of the concept and connotation of the appearance design, summarized the do not belong to exterior design patent infringement case. The third part of this case, through the above-mentioned case discussion, and each time fully comparing the standards of infringement of appearance design, for our country the implementation of the strategy of intellectual property rights of enterprises provide appropriate reference, thus improve enterprise's intellectual property rights awareness, practically improving China automobile enterprise creativity and core competitiveness. |