Determination of Infringement of Appearance Patents —— How to Determine Infringement of Appearance Patents

How to judge the infringement of appearance patent? What are the judgment methods? A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. So what should we do when we encounter the infringement of appearance patent? First of all, we need to know how to judge the infringement of appearance patent. What are the judgment methods? Let's introduce it to everyone. How to judge the infringement of appearance patent? What are the judgment methods? Method 1: To judge whether the accused infringing product is the same as or similar to the patented product of design by naked eye observation, it should be judged according to whether the ordinary consumer will be confused when observing with naked eye. For the part that cannot be observed with naked eye, it cannot be analyzed and compared by means of instruments or chemical means. Observation should be based on the similarity and difference of the easily visible parts of the product. Judgment method 2: Direct comparison In the specific judgment, the patented product of design and the accused infringing product should be placed separately, and there should be a certain interval in time and space when observing. This isolated observation method can make the judges have an intuitive feeling about the two products, which is the first impression. Secondly, put the two products together, and the judges will directly compare and analyze the designs of the two products, so as to describe their similarities and differences, upgrade perceptual knowledge to rational knowledge, and finally draw a conclusion whether they are the same or similar. Method 3: Overall observation and comprehensive judgment. Comprehensive evaluation of the main components and innovations of the two product designs. Comparative law, similar to the approximate judgment of trademarks, is currently recognized as the focus of comparison, to see whether the accused infringing products copy or imitate the original part of the obligee. There are two conditions that an accused infringing product constitutes infringement: First, the accused infringing product contains the original part of the design patent (that is, the innovation point). Second, the accused infringing product is the same or similar to the patented product of design on the whole. How to judge the infringement of appearance patent? What are the judgment methods? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.

How to check whether a picture is infringing? Picture infringement generally involves the copyright of pictures, the graphic registration of trademarks and the application for patent for appearance.

Whether a picture is infringing depends on whether the copyright of its graphics is registered. Copyright is automatically generated at the beginning of design and is not announced to the public. It's hard to find. Even if the original author does not register copyright, it is difficult to prove the source. Put it another way, you can imagine it yourself.

But the trademark is announced to the public and can be found. As far as trademarks are concerned, it is easy to judge whether the rights of others have been infringed.

As for the inquiry of appearance patent, only the patent number can be found.

Extended data:

Specific compensation standards for picture infringement:

If the picture is infringed, the compensation standard shall be determined according to the following factors.

1, the actual loss of the picture right holder or the actual infringement number of the picture infringer;

First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder because of the infringement.

2. The illegal profit of the picture infringer;

If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.

3. When the above cannot be determined, the court will make a judgment according to the specific details.

When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties and finally determine the amount of compensation according to the actual situation.

References:

-Infringement

Legal analysis on how to judge the infringement of appearance patent: 1. When judging the infringement of a design, the pictures or photos indicating the design in the authorization announcement shall be compared with those of the accused infringing design or the accused infringing design.

Legal basis: In the practice of Article 56 of the Patent Law of People's Republic of China (PRC), the following three steps are generally taken to determine the design patent infringement: 1. Determine the scope of protection of design patents. According to the second paragraph of Article 56 of the Patent Law, the scope of protection shall be subject to the patented product of design shown in pictures or photographs. 2. Determine whether the patented product of design and the infringing product belong to the same or similar products. Usually, it is based on the function and use of the product, and at the same time, it refers to the commodity classification in the international design classification. If the patented product of design and the product accused of infringement are not the same in function and use, it can be concluded that they are neither the same commodity nor similar commodities, so patent infringement is not established.