Research On Patent Infringement Case Of Rebound Pipa

Appearance design is a kind of important object of intellectual property,the appearance design is practical and artistic,combined with industrial goods,which promote the Commodity Exchange value in business which can bring even higher profits than the technology innovation at times. At present, the main international intellectual property convention provisions of Member States should be the protection of industrial designs but for specific what is the legal system to protect appearance design, there is no specific limit, the countries all over the world in the legislation and judicial practice in practice are not nearly the same. In addition, in patent infringement cases, especially in the design and utility model patent infringement cases, often accompanied by a patent validity disputes in which there are many adverse effects to patent holders.First of all,through the analysis of Gansu era of culture and Art Co., Ltd v. Lanzhou Yanlong artware Co., Ltd.appearance design patent infringement case, we found there are still som specific problems for the protection of the appearance design to be solved, such as, concurrence of rights issues, Influence of invalid declaration process of infringement proceedings. The next part mainly discusses the copyright and patent in appearance design competition conditions, when we admit dual protection, moreover, because the right attribute, acquisition conditions, acquisition methods, protection period, relief way, etc. is in difference, how to reasonably deal with such rights overlap and rights conflict problems, and how to do the appearance design protection scheme optimization, etc.; The end of article is how to reasonably use the current legal system, take corresponding measures to deal with the alleged infringer uses invalidation procedure delay proceedings, The author try to improve or reconstruction the relationship of patent is invalid application procedures and patent infringement litigation, perfect correlation in the legislative and judicial system in the future, for the parties to maximally save litigation costs, reasonable balance of the patent of appearance design interests and social public interests.