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Research of Design Patent Infringement Judgment

Author: XuZhiNan
Tutor: LiMing
School: Wuhan University of Technology
Course: Civil and Commercial Law
Keywords: Design Patent infringement Infringement judgement
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 118
Quote: 2
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Abstract

Design is one of the product components used to attract consumers and increase seals. With the development of economic and technological, design take plenty attention by people. The application number of patent is also ascending. As an aesthetic design which used in industrial products, industrial design has unique characteristics different from art design. The design is protected by intellectual property laws as a patent.Based on two different theories about design patent, Confusion theory and Innovation theory, there are two different design patent protection system. China’s patent protection system designs based on the theory is to create confusion. Design patent system in China consists mainly of a patent application, examination, duration and ineffective censorship. In addition, the object of design patent protection issues and the definition of the scope of design patent rights in conflict with the earlier design patent protection is an important part. However, in the patent system to address the practice of IF issued design patent infringement disputes, according to this law can have very few and poor operability, the theory of weak. Status of such legislation, making the design patent is difficult to get the legitimate interests of the protection of powerful, more importantly, is not conducive to our design standards.Analysis of design patent infringement issues identified during the first process should be aware of violations identified. Design Patent Infringement identified standards are not unified judicial practice difficult to manipulate, the judge’s discretion in the process of recognition and other issues play a decisive role in the process one by one found in the infringement highlighted.Our "Patent Law" legislation is not long, so there are many technical aspects of the legislative shortcomings. Advanced experience of design patent legislation and judicial practices is to improve the design of the patent system of the most useful stone hills. Through analysis of the design patent infringement issues identified during, drawing extraterritorial States design patent infringement, and identification of standards and methods developed in our country the status of design patents, more stringent standard of infringement found more conducive to the promotion of design innovation, encourage the development of new designs. Therefore, our identification of design patent infringement proposed the establishment of innovation-based theory of the patent regime. And the patent for the development of fast but the quality to be improved status, proposed the establishment of part of the design system to encourage learn and absorb foreign advanced design to dampen the innovative theory of the patent system under the strict requirements.

Research of Design Patent Infringement Judgment

Abstract

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