There is no clear law about how similar the packaging is to be regarded as infringement. If the general consumer's knowledge level and cognitive ability of patented design products are taken as the standard, and the overall visual effect of the design is comprehensively judged according to the design characteristics of the authorized design and the accused infringing design, the same or similar products will be regarded as infringement.
Legal objectivity:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes Article 9 The people's court shall determine whether the products are identical or similar according to their uses. To determine the use of a product, you can refer to the brief description of the design, the international design classification table, the function of the product, the sales and actual use of the product and other factors. The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes Article 10 The people's court shall judge whether the designs are identical or similar according to the knowledge level and cognitive ability of ordinary consumers of patented products. The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes Article 11 When the people's court determines whether a design is the same or similar, it shall make a comprehensive judgment based on the design characteristics of the authorized design and the accused infringing design and the overall visual effect of the design; Design features mainly determined by technical functions, and features such as materials and internal structures that have no influence on the overall visual effect of products should not be considered.