Design Infringement Determined

Different from the protection of invention patents, utility models protection, patent protection of exterior design has a series of relatively independent principles in the scope of patent protection and the judgment of patent infringement. Referring to current domestic and foreign judicial practice and theoretical achievements on exterior design patent infringement, this paper mainly focuses on how to make more scientific and rational judgment on it through a typical case study, so that the patent protection of exterior design can be enhanced and its social function as "add oil of interest to fire of genius", can be realized.Along with product designers' awareness of exterior design patents importance in business activities and people's cognition of intellectual property rights, exterior design patent application number rises up annually in China, on the other hand it is also companied by the increasing design patent infringement disputes. Theoretical research on intellectual property protection of exterior design patent has become a hot academic research topic today. Controversies about it in the current theoretical circles exist, which leads to different viewpoints. Therefore it is confused different or even contradictory judicial judgments were made in similar cases, one infringement, and the other non-infringement. To better address this issue, this paper will discuss exterior design patent infringement judgment in three parts started from theory:Partâ… : Summary of the case, including the cause, main points and a brief of the case. Through the preliminary analysis, briefly describe the appearance patent infringement case between the prairie fire Ningbo Industrial Co., Ltd. VS. Yangzhou City Electric Co., Ltd. modern lighting lights.Partâ…¡: Analyzing the case, the author elaborates the topic on controversial issues of law theory study, including the subject, the measure and the methods of violating property right, and whether the patentee can defense the former patent by the latter patent or not.Partâ…¢: Through the study of other's research achievements and the typical case analysis and evaluation, a clear conclusion thus is drawn from the hot and difficult in the theory and practice of exterior design patent infringement: First, Designs patent infringement should be found to ordinary consumers, the main prevailing. Ordinary consumers are those who do not purchase goods for the purpose of profit, and just use commodities in market. Its specific differentiation depends on the specific use of a product. Second, the exterior design patent protection scope will be based on the submitted pictures or photograph only, and functional parts, public known parts and some internal structure should be excluded. The specific criteria of exterior design infringement are mainly divided into two. One is criteria of the same and the other criteria of similarity. Finally, the comparison among the same kind of a certain product is the basis in judgment of exterior design patent infringement. Then by taking methods of direct observation and isolated comparison ,or overall observation and synthetical judgment, a reliable conclusion can be drawn based it.