Study On The Rules Of Judging The Infringement Of Partial Design

In recent years,the appearance design of products plays an increasingly important role in market competition.The appearance design has begun to receive the attention of consumers.The eye-catching appearance design has become an important means for enterprises to occupy the market.In 2022,China’s accession to the Hague Agreement shows that China has qualified to join the international track in the field of design innovation,and China’s design patent system will gradually be in line with international standards.In this urgent situation,it is particularly important to accelerate the improvement of China’s local design patent system.Although the law has recognized the legal status of local designs,the rules for judging infringement of local designs are not clear.At present,the infringement judgment rules stipulated by the law can not be applied well in the case of partial design infringement,so it is necessary to establish corresponding local design infringement judgment rules for partial design infringement.The main contents of this paper include the following four chapters:The first chapter mainly discusses the basic theory of judging the infringement of local design.Firstly,the concept and characteristics of local appearance design are clarified.Secondly,it expounds the significance of incorporating local designs into China’s patent law for the construction of China’s design system.Thirdly,it analyzes the constituent elements of partial design infringement liability.Finally,it briefly describes the rules for judging the infringement of local design stipulated by the laws of our country,laying a good foundation for the following analysis.The second chapter mainly reveals the practical dilemma of the judgment of partial design infringement in China.According to the legal provisions and typical cases of local designs in China,the rules for judging infringement of local designs in China still have deficiencies in the following aspects,including: the definition of the scope of protection of local design patents is unclear,the classification standard of product types is too single,the main standard for judging infringement is too low,and the method for judging infringement is lack of pertinence.The third chapter takes the local design system and infringement judgment rules of foreign countries and regions as a reference,and explores the system and ideology in order to find useful experience for the improvement of our local design infringement judgment rules.The fourth chapter takes the existing experience of foreign countries as a reference,and puts forward suggestions for improving the problems found in the second chapter,including the modification of the definition of the scope of protection,the subject of infringement judgment,the determination of product types,and the determination method.