1. Compare the pictures or photos representing the design in the authorization announcement with those of the accused infringing design or those reflecting the accused infringing design, instead of comparing the patented product of the design submitted by the patentee with the accused infringing design.
2. Whether the design is the same or similar should be judged by the knowledge level and cognitive ability of the general consumers of the patented product of the design, not by the observation ability of the ordinary designers in the technical field to which the patent belongs.
3. When judging whether the designs are the same or similar, we should adopt the principle of overall observation and comprehensive judgment, that is, we should observe all the design features of the authorized design and the visual part of the accused infringing design, and make a judgment after comprehensively considering all the factors that can affect the overall visual effect of the product design. If there is no difference in the overall visual effect between the accused infringing design and the authorized design, it shall be regarded as the same; If there is no substantial difference in the overall visual effect, they should be considered similar.
Legal basis: Intellectual Property Law of the People's Republic of China
Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;
(six) the use of other people's works, not in accordance with the provisions of the payment;
(seven) live broadcast of their performances without the permission of the performers;
(eight) other acts of infringement of copyright and copyright-related rights and interests.
Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:
(1) Plagiarism and plagiarism;
(2) reproducing and distributing his works for profit without the permission of the copyright owner;
(3) publishing books with exclusive publishing rights enjoyed by others;
(four) without the permission of the performer, recording and publishing his performance;
(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;
(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;
(seven) the production and sale of counterfeit works of art..