Is the similarity of product packaging bags an infringement?

The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph. Evaluation of similarity infringement of appearance patent products: 1. Judgment premise: it is impossible to compare whether the accused infringing product and the patented product belong to the same product. 2. Judgment scale: It should not be based on the aesthetic observation ability of professional and technical personnel in the field of design patent. The overall shape is consistent, and the visual effect is consistent; Local micro-inconsistencies, details that will not be noticed from the consumer's point of view will not be compared for similarity. The identification of identity or similarity is as follows: (1) If the main design parts (key parts) such as shape, pattern and color are the same, they shall be identified as the same design; (2) The main design parts (main parts) of the constituent elements are the same or similar, and the minor parts are different, which shall be deemed as approximate design; (3) If the main design parts of the two are different or similar, they should be considered as different or similar designs. If you apply for trademark registration and have your own trademark ownership after approval, you won't infringe, otherwise you are likely to be investigated for tort liability. Relevant laws and regulations:

Article 21 of the Anti-Unfair Competition Law of People's Republic of China (PRC), if an operator uses the unique name, packaging and decoration of a well-known commodity without authorization, or uses the name, packaging and decoration similar to that of a well-known commodity, causing confusion with other well-known commodities, so that the buyer mistakenly thinks it is the well-known commodity, the supervision and inspection department shall order him to stop the illegal act, confiscate the illegal income, and may impose a fine of more than one time but less than three times the illegal income according to the circumstances; If the circumstances are serious, the business license may be revoked; If selling fake and inferior commodities constitutes a crime, criminal responsibility shall be investigated according to law.

Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others. Violation of food packaging safety related laws, belonging to three no products! If the other party does not apply for a design patent, the packaging itself is only similar, and generally it will not be supported by the court to investigate the tort liability.