How to identify the patent infringement of clothing appearance

Legal analysis: first, determine whether the patented product of design and the infringing product belong to the same or similar goods. In judicial practice, the identification method is usually based on the function and use of the product, and at the same time refers to the classification of goods in the International Classification of Designs (namely the Locarno Treaty). Where a patented product of design has the same function and use as the product accused of infringement, it can be identified as the same or similar commodity.

Second, compare the design patent with the accused infringing product. That is to say, from the perspective of ordinary consumers, the design of patented products and the design of accused infringing products are observed and judged as a whole.

Third, judge whether it is a profit-making behavior.

Legal basis: After the patent right for inventions and utility models is granted in Article 11 of the Patent Law of People's Republic of China (PRC), except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.