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.
Article 11 When determining whether the designs are identical or similar, the people's court shall make a comprehensive judgment according to the design features 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.
The following conditions usually have a great influence on the overall visual effect of the design:
(1) The parts that are easily observed directly during normal use of the product are relative to other parts;
(2) The design features of the authorized design that are different from the existing design are relative to other design features of the authorized design.
If there is no difference in the overall visual effect between the accused infringing design and the authorized design, the people's court shall consider it the same; If there is no substantial difference in the overall visual effect, it should be considered that the two are similar.