According to relevant regulations:
Article 10: The people's court shall judge whether the designs are identical or similar based on the knowledge level and cognitive ability of ordinary consumers of design patent products.
Article 11 When the people's court determines whether the designs are identical or similar, it shall make a comprehensive judgment based on the design features of the authorized design and the accused infringing design and the overall visual effect of the design; Design features determined by technical functions, as well as product materials, internal structure and other features that have no impact on the overall visual effect, shall not be considered.
The following situations usually have a greater impact on the overall visual effect of the design:
(1) The parts of the product that are easily directly observed during normal use relative to other parts;
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(2) The design features of the authorized design that are different from the existing design are relative to other design features of the authorized design.
If there is no difference in the overall visual effect between the accused infringing design and the authorized design, the people's court shall determine that the two are identical; if there is no substantial difference in the overall visual effect, the people's court shall determine that the two are similar.