Study On Determination Of Design Patent Infringement

Designs are protected as a patent in patent law in our country, but with theinvention of new practical difference exists nature. In our courts in patent disputes,design patent infringement dispute larger proportion, and design patentinfringement proceedings involving the key lies in the patented design and theaccused infringing product appearance similarity determination. In thisdetermination process for creative design patent issues Infringement bodyInfringement larger controversy exists on the theory and practice standards and otherissues. For this situation, there is the appearance design patent infringementjudgment necessary to carry out research.Appearance in the modern sense of design originated in the appearance of theproduct is decorated to attract consumers with similar products with differentiatedmarket competition. Whether it finds the accused infringing products constituteinfringement, should be considered view of market competition, and consumerproduct design at the time of purchase to determine whether the confusion thatwould not affect the sale of the allegedly infringing product design patent product.China’s current overall visual effect of criteria on the basis of criteria in confusionabsorbed reasonable standard kernel innovative, flexible application in practice tomeet the needs of trial practice.Since the design is actually an independent intellectual property rights withrespect to copyright, trademark, purely in terms of technical solutions, in order tobetter promote design innovation and development, strengthen the protection ofdesigns, thereby increasing social welfare, the author think China should developspecific design law, improve the appearance of patent licensing standardsestablished part of the exterior of the patent system, the establishment of the judicialsurvey appearance patent system.