Appearance Design Patent Infringement Of Truss Research

Because the knowledge property rights the development of economy and people’s patent protection consciousness enhancement, the patent strategy is more and more attention of the enterprise, but at the same time patent infringement behavior also increasingly cabin set. It is the patent holder infringe upon the lawful rights and interests of the push against inventions, and disrupting the normal social economic order, all countries including our country to crack down on patent infringement, and constantly improve our legislation, and establish that the infringer shall bear civil liability and criminal liability legal system.Although China’s outward appearance design patent application quantity occupies the first in the world, but the existence of application, repeated flooding authorization issues. At present, China’s patent law"" and"" Implementing Regulations of the patent law of exterior design patent infringement judgment is only the principle of several provisions, so the judge in the trial of appearance design patent infringement case when it is difficult to judge whether the plaintiff defendant charged products fall into the scope of patent protection, judge-ment of infringement of a design patent into judicial practice problems in the.This article through analyzes the Shanghai second intermediate people’s court in2010ten major intellectual property cases--Donne" Taps" appearance of tort case, through the analysis of a typical infringement of a design patent of the facts of the case and the court records, the disputes in the case of infringement of a design patent issues, comparative exploration. On the basis of the whole market economy environment of exterior design patent protection status of patent infringement in China, thus revealing the inadequacy of the system, analysis its causes and proposed solutions for specific problems.Purpose lies reviewing appearance design criteria to judge patent infringement on the analysis, the research to expect to promote our country’s appearance design patent infringement determine the development of the system of related to provide some Suggestions.