1. Determine the protection scope of the design patent right, and the protection scope shall be subject to the design patent product shown in the picture or photo;
2, to determine whether the patented product of design and the infringing product belong to the same or similar products, usually based on the function and use of the product;
3. Compare the design patent with the alleged infringing product.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.