Appearance Design Patent Infringement Determination Research In China

In China,the design is protected as a patent in the patent law,but because of its different nature and the other two patents are essentially different.In the case of patent disputes in our country,the infringement disputes of design patents are relatively large,and the key to the trial of patent infringement disputes lies in the identification of the appearance similarity between the design patent and the infringing products.In this process,there is a big controversy about the design of the design patent,the identification of the functional design feature,the subject of the infringement and the choice of the standard.It is necessary to study the design of patent infringement in order to better promote the innovation and development of the design,strengthen the protection of the design.Through the analysis of text,comparative analysis and value analysis,this paper analyzes the patent infringement of design patent around the case of "Gao Yi Company v.Jianlong Company Infringement Design Patent Case".The full text is divided into four chapters.The first chapter on the specific case made an introduction,Gaoyi company v.Kin Dragon company design patent infringement case,the court of first instance dismissed the request of the company's litigation,high instrument company appeal,the court of second instance to determine the infringement of the company,The court of second instance of the court on the grounds of the wrong decision to dismiss the results of the second instance court to determine the company did not infringe the dragon.The second chapter is about the basic theory of patent infringement judgment in China.Design patents are based on products.Design is different from the existing design is characterized by design features of the design.If the content of the allegedly infringing product is the same or similar to that of the design patent and the design of the allegedly infringing product is the same or similar to the design of the case in question,it constitutes a patent infringement of the design patent.The third chapter is about the judicial practice of patent infringement judgment in China.China's design patent law of the cube provisions,with the continuous improvement of social development,after four revisions.However,there are still related problems in practice,the recognition of functional design features is unknown,the subjective judgment of the subject of infringement is too strong,and the method of infringement judgment can not apply the whole situation of the existing design.The fourth chapter is a detailed analysis of the infringement of the design patent case of GaoYi Company.To determine the scope of protection of design patents,excluding functional design features.From the general consumer obvious point of view,the overall observation of comprehensive judgments to determine whether the same or similar.The fifth chapter is the advice of the design of the infringement decision,mainly including three points,first of all for the functional design criteria to determine the criteria.Judgment of the characteristics of functional design to grasp the results of the objectivity,the role of the decisive role,non-selectivity and uniqueness.Followed by the design of patent infringement to determine the main "general consumer" that the recommendations,the appropriate increase in the general consumer awareness level,according to the different products to consumers to do the difference,and finally the method of judging the infringement,Observation,comprehensive judgment method at the same time the appropriate introduction of the Department of judgment.