Because China implements the first application system, if two people apply for the same technology (exactly the same), the first applicant has the patent right.
But generally what you said will not happen, and the invention patent needs absolute novelty. If the same utility model appears in front of him, he will definitely be rejected and cannot be authorized.
If someone applies for a patent for invention first, the utility model applied for later will be authorized, because the utility model can certainly be authorized without substantive examination, but it has low stability and is easy to be invalid.
Please look at the definitions of two patents:
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
It depends on whether the claims of these two patents conflict. If there is a conflict, the applicant may declare the patent invalid before the applicant.
But as I said above, if the claims conflict, the invention patent should be applied first, otherwise it can't be authorized.