Up arms rights of plagiarism furniture design to say "no"

Q: vendors selling the alleged infringing product is an infringement of the plaintiff's enjoyment of a design patent?



A: design patent is granted, any unit or individual without patents permission, shall enforce its patent, that shall not be made for production and business purposes, promise to sell, sell, import the design patent product.



Q: What design patent infringement judgment?



A: 1, to determine the scope of protection of the patent right for design. According to the Patent Law, "the first



59 (2) provides that the scope of protection to prevail in the drawings or photographs of the design patent.



2, to determine whether the appearance design patent infringing products belonging to the same or similar products. Usually based on the product's features, uses as a standard. Design patent products accused of infringing products in the function, purpose is the same, we can determine the two are the same or similar goods.



3, the design of the patented product and the alleged infringing product comparison to determine whether the same or similar. Design means exactly constitute product design shapes, patterns and colors, and combinations thereof; similar design using the design is likely to cause confusion, so that people mistakenly believe that the use of the design is the patented product.



Q: local modification constitutes infringement of patent products?



A: This involves of same or design phase approximation judgment, in practice, the same design is not difficult to identify the alleged infringing product design and appearance of the patented product design comparison, if the shape of the two patterns, colors, and combinations thereof, all of the elements of the same, compared to the same design. More difficult is the identification of similar designs.



Design similar seems refers to the alleged infringing products with the patented product shapes, patterns, colors, and combinations thereof, is basically the same, which caused some minor difference is totally inadequate to the attention of the average consumer, so that ordinary consumers to confuse the two products mistaken for this purpose that is he. In determining similar design, commonly used design to comparative law.