外观设计专利权地侵权判定标准研究.pdfVIP

This paper is divided into five parts: In the first part, the author mainly illustrates the theory foundations of the judgment of design patent infringement and put forward the author’s views about some of them. The following five aspects will be mentioned: the foothold of the protection of design patent in our country; the relationship between the design and other intellectual properties; the determination of the scope of the design patent protection; the theory of balancing of interests in the Patent Law; the specific provisions and the theoretical differences of the authorization standard of design patent. In the second part, the author introduces the legislation and the judicial practices of other countries and places, including the USA, Britain, Germany, Japan and Taiwan. The main focus will be the three standards of the judgment of patent infringement established through jurisprudence in the USA. In the third part, the author, first of all, gives an in-depth analysis, including legislation analysis, theoretical analysis and practice analysis, on the confusion standard, the innovation standard and the innovation-included standard existing in our country, in terms of the perspective of judgment, the way of judgment, the type of products, the similarity of the design respectively. Then, the author analyses the advantages and disadvantages of the three standards in detail. In the fourth part, the author further discusses the problems concerning the judgment of the design patent infringement, showing clearly the necessity of strengthening the protection of the outward design. The author points out that, in essence, the standard of the judgment of the infringement of design patent in the USA is the same as the confusion standard in our coun