A brand owns a patent for appearance, which is an infringement, and the brand can initiate an infringement complaint.
Criteria for judging design infringement:
1. Without the permission of the obligee.
2. Packaging and trademarks similar to famous brands. Apply for a patent for appearance.
Article 23 of the Patent Law stipulates that a design granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application. Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.