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Cases Study on Infringement Judge Upon Exterior Design Patent of Automobile

Author: ShenJingJing
Tutor: ShouBu；HuBinBin
School: Shanghai Jiaotong University
Course: Legal
Keywords: Car design Tort Average consumer Designers Whole and partial design
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 1
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Abstract


China's auto sales in 2009, first in the world as a hot commodity , the value of a single piece of car design is complex , involving body styling , accessories exterior styling , interior design , logo modeling multiple design , design patent infringement disputes concern more focus , determining infringement . The third revision of the Patent Law , the novelty of the design patent put forward higher requirements , while the introduction of creative standards of its infringement determination will be different from the past . The papers from three typical cases : the passenger first case of infringement \common in the case of legal issues and focus. The particular infringement dispute relates to the field of intellectual property , automobile design several key issues : infringement of constituent elements ; same and similar judgments , including judgments main , whether the whole design of the product scope of patent protection extension its local design the same phase approximation contrast , whole and part design may be preferred , such as . Combined with the new patent law , patent examination guidelines \On this basis , the legal advice suited to China's current stage of development , China 's auto companies to deal with domestic and foreign companies on automotive design patent infringement litigation with a positive attitude , and promote the healthy and orderly development of China 's automobile industry .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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