How to identify the infringement of combined product design

Legal analysis: when judging the infringement, we should identify the combined product as a whole, and not just pay attention to its components, that is, the accused infringer only imitates some components of the combined product design, which does not constitute an infringement of the exclusive right of design, because the components cannot be protected by patents alone. Only when the design products manufactured, sold and imported by the accused infringer are all the same as or similar to the patented products of the combined products protected by patents will the patent right of design be infringed.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.