Study On The Infringement Determination Of Automotive Design Patent

Compare the two typical cases of automobile design patent infringement disputes,found that there is inconsistency in the definition of the main body of determination of automobile design patent infringement,the problem of incorrect citation of legal provisions,as well as the specific application of the determination criteria,there is only a comparison of different points and ignore the same points or not analyze each design features,and there is a partial design patent infringement theory and practice of determination.The problem of lack of theory and practice in the determination of local design patent infringement.The two most mainstream views of the theoretical session of infringement adjudication are "general consumers" and"professional designers",and it is clear that no specific group of people can replace the proposed "general consumers"."It is also proposed that the "general consumers" for determining infringement of automobile design patents should be the purchasers rather than the users of automobiles,who are familiar with the relevant design and the relevant market,and whose ability is between the general users and the experts,which is the commonality of the actual purchasers based on the subdivision of automobile types.It is a group of people with a certain ability to distinguish the design of a product with general attention.By comparing the advantages and disadvantages of the "confusion standard" and the "innovation standard",we believe that the confusion standard is more consistent with the purpose of infringement determination,which is to prevent others from imitating the protected design patent.The current infringement standard "overall comparison,comprehensive judgment"method focuses on the overall visual effect of the product similarity,but ignores the infringing design of the patent design innovation part of the copying,is not conducive to the protection of design innovation and too subjective results are not easy to grasp.Based on this,a revised"overall comparison" approach is proposed to avoid the innovative part of the decision in a step-by-step manner and to reduce the requirements for judges’ competence.Referring to the provisions of the foreign design patent infringement of the main body,China’s partial design patent infringement of the main body should still be the proposed "general consumer",but the partial design should have a higher than the overall design "general consumer".capacity requirements.And for the application of infringement standards,can refer to "to say" to"overall observation,comprehensive judgment" method to improve,in addition to determine the overall outline between the two partial design and technical features are similar,should also consider the local appearance design in the Location proportional relationship,if in the overall product location proportional relationship of the different points enough to bring about visually significant differences in effect,it is possible to determine the significant differences between the two,does not produce infringement.