Legal Research On The Sameness And Resemblance Of Design Patent In The Patent Infringement Judgement

Comparing to the entire legal system, the history of the intellectual property system is not so long, but it has extraordinarily rapid development with its rules more refined. Designs, inventions and utility models are the three types of patents equally protected by the Patent Law of China. In recent years, as the design patent infringement dispute cases are increasing, on one hand, this highlights that the design protection system has occupied an important position in China’s social and economic life, and on the other hand, it reflects that there have been more and more new problems appeared which demand prompt solution in the design protection practice.Therefore the author disscused the fundemental theory of design patent including the patent protective range, the elements of patent infringment action, the judgement of snmeness and resemblanse in product classification, the subjects and standards of patent infrigement judgement, started with studying the case of "Longshun Company v. Huibao Company and Chenghaihuada Company". The author also wants to comprehend how to affirm the judgement of the sameness and resemblance in the design patent infrigement practice. This paper makes analysis in the legal practice, hoping that it can provide better service when dealing with the patent infringement problems.The structure of this paper is divdied into introduction and three chapters:The introduction illustrates the legal considerition about the case in this paper, combining with the concrete details and the court judgement.Chapter Ⅰ expounds the basic confirmation on the design and the protective range of design patent, and meanwhile, it makes a theoretical analysis of the composition and judgement of design patent infringement.Chapter Ⅱ makes an introduction and generalization in judging the sameness and resemblanse of the design patent infringement, and then it analyzes concretely and deeply on those above-mentioned matters, by studying the corporeal situation, standards, protection, methods and the subjects of the judgement of design patent infringe.Chapter III reviews the case again. It gives some choice for the assignee on how to select after meeting the patent infringement. Finally, the author puts forward some strategy suggestions to solve the focal problems in judging the sameness and resemblance between the allegde infringement products and patent products.