Study On Patent Infringement Judgment Of Automobile Design

In recent years,the rapid development of China’s economy has led to the gradual popularity of automobiles as a convenient means of transportation and more and more families.However,so many kinds of cars have their own characteristics.Like a person’s face,the first impression of a car comes from the design of the car.However,along with the rapid development of the Chinese auto industry,some problems have gradually emerged,and many auto companies of China’s own brands have been sued and plagiarized.Therefore,the automobile design patent infringement system and the corresponding automobile appearance patent application and protection system are increasingly valued by automobile companies.In recent years,disputes concerning the infringement of automobile design patents have continued,and there have been a number of cases of infringement of automotive design patents,and there has been a growing trend.The increasing number of car design patent infringement cases has attracted more and more extensive attention from car manufacturers and the general public.The appearance of a car is the most attractive first factor.It has no doubt that brand building has an important impact.Different models of cars “fight face” can easily make the general public confused and misunderstood,leading to the sale of cars and the interests of car companies.A series of links such as disputes create problems.The disputes concerning the appearance design of automotive products between domestic automakers and multinational auto companies occur from time to time.Under the existing system,when appearance patent infringement judgments are made,ordinary consumers are used as infringement judgment subjects,and their use of products Cognitive ability and their level of knowledge,comparing the design of an automotive product shown in a picture or a particular photo with the current design or the alleged infringement design of another brand of automotive product,and through overall observation and comprehensive judgment of the characteristics of the design The impact on the overall visual effect,determine whether the car design patent infringement.However,the fact that the same case has been judged differently has occurred from time to time,which has led to many reflections on the system and standard of patent infringement for car design patents.Then how to determine the scope and appearance of the appearance of a car’s patent infringement,and whether the standards for car design patent infringement judgments can be refined and further defined,is the focus of this thesis.Because the determination of a design patent infringement as a car with a complex exterior design styling is different from the determination of a detailed standard civil tort,the appearance of a similar design is highly subjective,and different people stand in different perspectives through different observations.The method can give different conclusions completely.Therefore,the determination of patent infringement of automobile design needs further research and analysis.This dissertation selected a representative case of patent infringement of car design,which has high research value and analysis value.It has great significance for the identification and research of car design patent infringement.This paper carefully analyzed the case and carried out a certain range of extensions and extensions in connection with the case.It discussed the relevant systems in the patent law,and also put forward its own ideas and suggestions on the determination of the patent infringement of car design patents.Automobile companies have proposed ways to deal with design patent infringement lawsuits and effective measures for the protection of car design patents.