To what extent does imitation count as infringement?

Imitation of goods that are too similar and protected by patents is considered infringement. Plagiarism and plagiarism mentioned in the copyright law are the same concept, which refers to plagiarizing other people's works or fragments of works for their own use. Plagiarism infringement, like other infringements, needs to have four elements: the act is illegal, there is an objective damage fact, there is a causal relationship with the damage fact, and the actor is at fault. Because plagiarism needs to be published to produce infringement consequences, that is, the objective fact of damage, it is usually referred to as published plagiarism when identifying plagiarism. Therefore, more accurately, plagiarism refers to stealing other people's works or publishing fragments of works.

The infringed party can reach a settlement through consultation. On the premise of voluntariness, both parties to the dispute negotiate according to law, reach a settlement agreement on the basis of mutual understanding, resolve the dispute and request mediation. On a voluntary basis, through the efforts of a neutral third party, both parties can reach a settlement agreement and submit it to an arbitration institution for arbitration according to the arbitration agreement reached by both parties to the dispute.

Legal basis: Article 66 of the Patent Law of People's Republic of China (PRC).

Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.

Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.