Appearance Design Patent Infringement Research

Design as a class of intangible property rights, has a different from the other objects ofnature, China’s patent law Rate it different from the invention, utility model provisions.However, provisions in our laws and the relevant provisions of the delimitation of the scopeof protection of the patent right for design, tort recognized standards, such as the issue of lackof clarity, so that the practice can not be a better solution for many new problems to be solved,which led to the author’s thinking. This article by the representative countries of the two legalsystems in design patent infringement identified institutional draw targeted countermeasuresproposed to solve the problems in the practice analysis finds that the existing difficulties ofdomestic design patent, we want to future legislation, practice some help. The paper is dividedinto three parts.The first part of the paper first briefly connotation and legal characteristics of the design.Secondly, three modes of design protection abroad, are based in the United States on behalf ofthe patent law protection mode, the double protected mode as the representative of the Britishand French, as well as Japan for a special law protected mode. I believe that our designprotected mode may be appropriate to learn from Japan specially protected mode, theformation of a special law to protect the main protection mode, supplemented by other lawprotection. Designs from the "Patent Law" separation of specific legislation, so as to betterprotect the essential attribute of the design, and this is in line with China’s national conditionsand adapt to international trends. The chapter concludes with general design infringementproblems and hazards.Chapter II from a different perspective with a comparative approach elaborated TwoSchools infringement Accreditation System, aimed at the "good law" for my own use.Analysis of national design patent Accreditation System, the author in the second chapter ofthe last one targeted the main problems of design patent infringement, whether aestheticstandards and design protection system should be introduced to these three questions to beexplored in combined with the outcome of the domestic and foreign academic theory andjudicial practice foundation reached their point of view. The author believes that the The infringement main general consumers, it does not refer to specific an individual, but anabstract concept, is a reflection of the different categories of products audiences. In addition,China can design patent infringement identified by aesthetic standards. Because this decisionis the essential attribute of the design itself, and the aesthetic standards has also beenrecognized by many countries in the world. Part of the design is an integral part of the overalldesign, its effect does not exist independently from the overall effect, but if he is notreasonable protection in the case when encountered plagiarized part design, the court only inline with law does not prohibit the free principle to make a judgment adverse to the patentee,which is contrary to the original intention of the patent law, and therefore part of the designprotection system should be introduced.Chapter III detailed analysis of how to define the scope of protection of the design patent,design scope of patent protection should be protected and should be excluded. The mainanalysis of how to design patent infringement finds. This chapter should adopt the perspectiveof the average consumer infringement identified, and cited the specific content of the theInfringement and multidimensional imputation principles. National intellectual propertyscholars, without exception, that finds infringement of intellectual property rights, miningLook objective results, do not look at the subjective or without fault. Moreover, from theperspective of the development of the worldwide infringement of the principle of attributionby fault liability doctrine tend to no-fault liability doctrine, speaking from the point of view ofthe protection of intellectual property rights, this trend is also conducive to promptly stop theinfringement, intellectual property protection the legitimate rights and interests of the people.