Study On The Judgment Criteria Of Patent Infringement Of Automobile Appearance Design

In recent years,the competition among the automobile industry has intensified,and China's automobile industry attaches great importance to scientific and technological innovation,with a leap forward development.Excellent appearance design is an important choice to show the innovation ability of automobile enterprises and improve the purchasing ability of consumers.However,the data shows that the frequent infringement cases of design patents have brought many obstacles and crises to the development of China's national automobile industry,and also made the problems in the determination of automobile design infringement surface,which needs further improvement in legislation and practice.Based on the above background and current situation,the literature research method,case analysis method and induction analysis method are used to select the latest and more typical patent invalidation case of Jiangling Automobile as the starting point.Combined with the dispute focus and relevant cases of this case,the existing problems are analyzed as follows: the identification of design features,the impact of design space size,how to determine the decision subject,and more perfect application Judgment method.In view of the existing problems,three suggestions are put forward.The first is to specify the criteria for judging subjects,adopt the definition of limiting general consumers,develop a dual test for the feasibility of judging subjects,and screen out the judging subjects;the second is to build a local design patent system,decompose the automobile into multiple parts that can be applied for separately,and directly judge the infringement of parts;the third is to improve the judging criteria,and demonstrate the "correction of confusion criteria" Practicality,it is suggested to join legislation or use guidance cases to promote.Figure 10;Table 0;Reference 58...