How to deal with appearance infringement

Measures to deal with the infringement of commodity appearance: the parties may negotiate with the infringer on matters related to damages and handle infringement disputes. If both parties fail to reach an agreement on matters related to infringement, they may request the patent administration department of the State Council to mediate or bring a suit in a people's court.

legal ground

Article 11 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.

Article 52

Disputes arising from the implementation of the open license shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, they may request the administrative department for patent in the State Council for mediation, or bring a suit in a people's court.