Cases Study On Infringement Judge Upon Exterior Design Patent Of Automobile

In 2009, the automobiles in China occupied the first place in international sales. As hot commodities, car has complicated appearance with high value. So that the disputes about exterior design patent infringement address much attention, of which the judge on infringement is becoming the focusing problem. The new patent law requires much more and higher on the inventiveness of the exterior design, introducing creativeness so that the judge on infringement possesses much differences from the old one.This paper analyzes the automobile's exterior design patent infringement and summarizes the focusing legal questions with three typical cases of exterior design patent infringement of automobile, they are the first bus patent infringement, motor vehicles' floodlights case and "panda" v. "demon".In details, the exterior design patent infringement of automobile refers to several problems that are concerned in intellectual property field:the infringement constitutes, the judgment methods including who judging the similar and identical object, whether the protection of integral exterior design patent is extended to the partial design, integral or partial design which one has priority in the judgment of the similar and identical object. According to the new Patent Law and Guidelines for Patent Inspection, this paper introduces the exterior design patent of automobile, the patent authorizing requirement and patent protection scope, exploring the infringement constitutes conditions and judging methods.On the base of above, this paper proposes the related law suggestions suitable for the current stage of development in China, enabling Chinese enterprises to be positive in the actions from the domestic and foreign companies about infringement upon exterior design patent of automobile and promoting the car industry healthily and orderly in our country.