1. The infringer infringed the design patent without knowing it. If the infringer stops the infringement in time and no damage is caused, the infringer shall not bear the tort liability. 2. If the actor knowingly infringes on the patent right of another person's appearance, but still does not stop the infringement, the infringer shall bear the tort liability.
Legal objectivity:
Article 1 165 of the Civil Code. If the actor infringes upon the civil rights and interests of others through fault, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.