Legal analysis: If the infringement of another person's design patent is serious, it will constitute a crime and be punished as patent counterfeiting. If it does not constitute a crime, it will be punished as infringement of rights.
Legal basis: "Criminal Law of the People's Republic of China" Article 216 Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined .