Research On Criteria For Industrial Design Infringement

Recently, with the development of economy and technology and the enhancement of living criteria, the function of design patent in social life is getting larger and larger. People's attention has been paid to the appearance of products feelings from the function of products. This can be seen from the rapid growth in the application of design patent in China recently. Excellent design can excite people, and attract the consumers, so as to increase the product sales. Precisely because of the importance of design, design infringement cases occurring on a large scale. In order to adapt to the new situation and solve new problems, China's patent law is revised for the second time, but still not effective in solving some kinds of practical problems. With the research from abroad, this paper will concern on issues in the judgment of design infringement in order to set up a practical criteria of design patent infringement.This paper is divided into five chapters. The first chapter outlines design protection system. The first part of this chapter introduces the definition of design and what it is called in every country. The second part introduces the origin and development of design protection. The third part analyzes the design protection system in typical countries. Finally, in order to analyze the criteria of the design infringement, we will compare design with patent, trademark, copyright and the specific packaging and decorating of well-known commodity and other adjacent areas.Chapterâ…¡analyzes the differences between intellectual property infringement and design patent infringement. Because China's intellectual property laws are subordinate to the Civil Code, so it is helpful to analyze the differences between intellectual property and civil law. The first part analyzes the differences between general infringement and intellectual property infringement, and the second part is the differences between patent infringement and trademark infringement, copyright, and the third is the difference between invention and design infringements. And the last part of this chapter analyzes the theoretical foundation of design patent protection.Chapterâ…¢analyzes the basic process and fundamental problems of design infringement judgment. The first part of this chapter presents what is the process of design infringement judgment. And next, introduces the basic problems in the process and analyzes the impact of the solution to the problems one by one.Chapterâ…£entered into the specific study on the criteria of design infringement judgment. There is no doubt that the scope of design protection is essential for infringement judgment, and whether the conduct constituted a design patent infringement, who is the right judgment, which are criteria of judgment are the crux of the matter. For these problems, we'll bass on the analysis of foreign practices and concern the actual conditions in China, so as to set up a reference to China's legislature and the judiciary.Chapterâ…¤is the defense of design infringement. This is an unavoidable question to infringement judgment. For there is no substantive review in our design patent, there were a large number design patents which could not have been granted. So in infringement judgments, infringement is always charged as the defense of design infringement. This chapter will analyze the "novelty", "ornament", "non obviousness" and other criteria.