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The Case Study Of Design Patent Infringement

Posted on:2013-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
GTID:2246330362467645Subject:Law
Abstract/Summary:PDF Full Text Request
Recent years, as economy and technology improve in China, designpatent plays an more important role in pushing our society to move on.Meanwhile, the patent infringement is increasing. However, thedomestic legislation and judicial practice of design patent cannot solvethe new problems. This article aims to make some suggestions to thelegislation and judicial practice of the judgment of patent designinfringement by means of making a comparison and analysis betweenthe US and China.The article has five parts totally. The first part is about overalldevelopment of design patent system, mainly introducing itsdevelopment in China and overseas. The second part is about Americancase analysis of patent design infringement. It elaborates the standardsand methods about how to judge patent design infringement by means ofintroducing and analyzing Egyptian Goddess. The third part is about Chinese case analysis of patent design infringement. It elaborates Itelaborates the standards and methods about how to judge patent designinfringement by means of introducing and analyzing two cases. Thefourth part is about comparison between China and the US. It tries tofind out the flaws of Chinese legal system. The fifth part is aboutimprovement in design patent system summarizing the above four partsin order to make some suggestions about how to improve it.
Keywords/Search Tags:design patent, the judgment of infringement, case study, ordinary observer method, novel point method, confusion theory
PDF Full Text Request
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