How to identify the infringement of design patent right?

First, belonging to similar products is the premise of judging the infringement of design. (a) when determining the design patent infringement, we should first examine whether the accused infringing product and the patented product belong to the same product. If it does not belong to similar products, it does not constitute an infringement of the patent right of design. (2) When examining whether the patented product of design and the infringing product belong to the same kind of product, it should be determined whether they belong to the same kind of product according to the classification habit of commodity sales and the objective actual situation, with reference to the Classification Table of Design (International Classification Table of Design). (3) Similar products are the premise of judging the infringement of design, but it does not rule out that under special circumstances, the design between similar products can also be judged as infringement. Second, the eyes of ordinary consumers are the criteria for judging design infringement. (1) The judgment of design patent infringement should be based on the eyes and aesthetic observation of ordinary consumers. (2) As a special consumer group, ordinary consumers refer to the buyers or users of similar products or similar products with design patents. Third, overall observation and comprehensive judgment are the main ways to judge the infringement of design. When comparing the design of the accused infringing product with the design of the patented product, we should make overall observation and comprehensive judgment to see whether they have the same aesthetic feeling. 1. If all the components of the two are the same or similar, the court shall consider them to be the same design. 2. If all the elements of the two are not the same or similar, the court shall regard them as different designs. 3. The main parts (major parts) of the constituent elements are the same or similar, and the minor parts are different, which shall be deemed as different designs. 4. The size, material, internal structure and performance of the product cannot be used as the basis for judging the similarities and differences between them. However, the proportion factor between the parts can be considered. According to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures for punishment. 1. Order to stop the infringement; 2. Order to stop selling immediately; 3. Confiscation and destruction of infringing goods; 4. Confiscate and destroy tools specially used for manufacturing infringing goods and forging registered trademarks; 5. impose a fine.