Research On The Ascertainment Of Infringement Upon Design Patent

The types of patents include inventions,utility models and designs.Designs patents are different from inventions,utility model patents,because it does not involve technical problems,but only the relationship between product shape and beauty and other factors,so there is a relatively independent standard.At present,the view of China on the design of infringement is not clear,the theory is not unified,leading to the practice of injustice,convincing and other issues.This paper studies the problems of infringement judgment by design,analyzes the problems through the corresponding cases,analyzes the current situation of legislation and research at home and abroad,and analyzes the existing problems in judicial practice,including the design Principles,the scope of protection of the design,the main criteria for the design of infringement judgments,the design of the infringement decision method and the degree of recognition standards.On the basis of analyzing the existing problems of design,the author puts forward to the corresponding solution.First of all,the identification of industrial products on the basis of the overall design of the protection of the establishment of the protection of local design,and product identification in the identification of the corresponding confirmation of the way that can be similar to the type of product identification Secondly,in the design of the main body of the design,because the design should be novel and creative distinction,in the novelty of the judge,can be ‘general consumer' as the main body of judgment,but the main body of the design,In the creative judgments,by the ‘general consumer' standard rose to ‘professional designers',the main standard is more appropriate;again,in the judging method,the ‘overall observation,comprehensive judgment' to determine the method as a judge Finally,in the degree of infringement judgment,because of the ‘confusion standard' in the judicial practice there are a lot of problems,the author proposed and in the protection of innovation on the basis of increasing the impact of standards and innovation standards apply.The focus point of this paper is to determine whether the product is infringing on the basis of protecting the design innovation.According to our current law,judicial interpretation and the ‘Patent Examination Guide',the corresponding solutions andopinions are put forward,so that the court can make a foreseeable way in which the infringement is conducted in an operational manner,resulting in a fair and objective judgment.