Study On Infringement Judgement Subject And Method Of Design Patent

With the continuous development of China's automobile industry in recent years,it has been possible to see many cars that are independently developed and produced by China.This is an encouraging progress.However,the design patent infringement disputes between Chinese and foreign car companies in recent years still give us a wake-up call.The typical cases such as "Neoplan v.Zhongda","Honda v.Shuanghuan" and"Fiat v.Great Wall".In these three similar cases,different infringement judgment standards appeared.This paper takes the mentioned three cases as example,studies the problems in China's design patent infringement judgment standards,and puts forward the corresponding suggestions.This article is divided into four parts.The first part introduces the typical cases of car design.Through the analysis of the judge subject and the choose of judgment methods by the courts in the case,to propose the relevant issues;The second part studies the "general consumer" concept of design patent,from the relevant regulations,the controversy over its perception in the theoretical,and the practice of car design infringement cases.Then suggested that the "general consumer" should be defined to perfect the judgment ability of the "general consumers" in related regulations,so as to guide the judges to more clearly apply the "general consumer" rule in practice,and enhance the credibility of car design infringement judgments;The third part is the research on infringement judgement method of design patent.Studies on the convert of the "overall compare" method to the "critical compare" method in the theoretical,and studies the apply tendencies in judicial practice.Then point out the defects and deficiencies of "overall compare" method,and proposes that should insist on "critical compare" method in order to protect the innovative design part included in the design patent better.The fourth part is the conclusion and suggestions of this article.