Appearance Design Infringement Determination And Case Study

There are so many Patents of appearance design in our country but the quality are not high. The emergence of this situation was caused by many reasons, as a manufacturing power, there are a large number of design patent disputes in China every year, although after the three times of the patent law’s modification,many problems had been solved, but author found that the interests of the appearance design patent holder may still can not get good protection, especially in the area of tort subject and infringement determination standard still exist obvious disputes and vague legal space. it is necessary to combine the cases and the theories to study.The paper is divided into five chaptersThe first chapter introduction mainly expounds the historical evolution of design, the present situation and the latest developments, first in France for source, France, Britain, Japan, the United States and other major western countries appearance design and the establishment of the legal system history. In the patent law which once changed three times, our country has become a patent of appearance design protection power, has greatly increased, not only the number of applications for patent but also the importance of appearance design.The second chapter puts forward the existing problems of appearance design protection. Namely, generally do not have a high level of innovation, lack of innovation point. The main reason for the problems are analyzed, including the two that design the main body of infringement determination is too general and appearance design patent infringement determination standard is not reasonable.Third chapter detailed analysis and design the main body of infringement determination, separately introduced the United States, Britain, the European Union, Japan for appearance design infringement determination main body law, combining the concrete case analysis of the design for some special cases of infringement to determine the choice of the subject.The fourth chapter expounds the design infringement determination standards, mainly divided into confusion and innovation standard. Although confusion standard has been used in the judicial practice in our country, but it has exposed the shortcomings, have made the people began to focus on innovation.The fifth chapter puts forward some suggestion for the appearance design of infringement determination, mainly including two points, first of all, for different types of products, to be subdivided on infringement determination subject.Second to make up for the confused flaw and the insufficiency of standard, advice should change the confusion standard to innovation.