First determine the scope of design patent protection stipulated by law, whichever is shown in the photo or picture. Secondly, compare whether the infringing product and the infringed product are of the same type with the same purpose or similar products. If it is not similar or identical, it does not constitute infringement. Finally, compare the two products with the eyes of ordinary consumers. If the appearance design of the infringing product is exactly the same as the infringed product or is substantially the same in the general direction of the main parts, and is generally similar, then the product constitutes infringement.
Legal Basis
Article 65 of the Patent Law of the People's Republic of China
Using the patent without the permission of the patentee, That is to say, if a dispute arises due to infringement of its patent rights, the parties shall resolve it through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement.