Appearance Design Patent Infringement Determination Patent

With the development of our country’s economy, the improvement of people’s living standards, more and more rich aesthetic feeling, the appearance of the creative design products appear in our daily life. However, with the increase of product patent of appearance design, appearance design patent infringement case quantity also grow, in the practice of our country’s relevant patent legislation imperfect, infringement determination standard of the emerging problems such as unreasonable. There is no specific design method in our country, the protection of exterior design by the patent law, but the appearance design is different from invention patent, trademark and utility model, the infringement determination standard should also be different. Although the patent law after three times change, the problems existing in the design of perfect, but the appearance design patent infringement determination standard is still controversial. This article is divided into five parts.The first part is mainly about the appearance design patent infringement determination related basic theory analysis, this paper briefly introduces the design concept, design features, patent of appearance design protection system abroad, the domestic development situation.The second part analyzes the appearance design patent protection range of products, first introduced the relevant provisions relating to the product range in our country, and through the analysis of Zheng Cheng v. carrefour case, puts forward the relevant product range at the present stage in China the problems and shortcomings in the judicial practice. Finally through the introduction of the legislation of the United States, the European Union, Japan, put forward opinions to the range of products perfect legislation of our country.The third part mainly analyze the appearance design patent infringement judge the main body, first outlined the main body in appearance design infringement determination rules, sums up the practice for determining subject related design infringement disputes, through the introduction of the relevant legislative experience of abroad, in view of the problems in the practice of our country puts forward legislative Suggestions. The fourth part appearance design standard of infringement determination is discussed in detail. Mainly introduced the two standards:standards of the confusion and innovation. And confused by comparing the standard defects and innovation advantage, for the perfection of infringement determination standard in China put forward their own opinions.The fifth part discusses the design infringement determination method. In our country mainly adopts "the overall observation, comprehensive judgment", but this method is not conducive to protection of partial design innovation, international problems such as unfavorable to the exterior design system in China, through the introduction of the determination methods of the United States, the European Union, Japan, infringement determination methods of our country is put forward improvement opinion.