Does the joint production and sale of design patented products constitute joint infringement
Cooperation to produce and sell design patented products constitutes joint infringement.
Concept and legal characteristics of design
For the purposes of the Patent Law, design refers to the aesthetic and aesthetic creation of the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. New design for industrial applications. This provision explains that the appearance design has the following legal characteristics: 1. The appearance design must exist with the product as the carrier; 2. The appearance design is based on the shape and pattern of the product as the object of protection; 3. The appearance design should be full of beauty; 4. Appearance The design must be suitable for industrial applications and form mass production; 5. The appearance design should be a new design.
Determination of patent infringement under my country’s current Patent Law No detailed provisions were made.
The courts and patent administration departments at all levels have The following judgment standards have been widely used when handling patent infringement disputes:
1. Principle of comprehensive coverage The principle of comprehensive coverage or the principle of all technical features means that the product or method accused of infringement contains all the necessary technical features recorded in the claims. When determining whether there is patent infringement, the court should compare the alleged infringing product or method with the patent claims. If the alleged infringing product or method possesses every technical feature in the claim, or is the same element by element, the patent infringement Established, this is also called identical infringement or literal infringement.
2. Principle of equivalence The principle of equivalence holds that the accused will Comparing the infringing technical structure with the corresponding technical features recorded in the patent claims, if a person of ordinary skill in the technical field can associate it without creative intellectual work after studying the patentee's patent specification and claims, , if replacement means such as component displacement, equivalent replacement, decomposition or merger are used to achieve the invention purpose and positive effect of the patent, and compared with the patented technology, the purpose, function and effect are the same or basically the same, then the infringement shall be determined to be established. .
Article 60 of the Patent Law If the patentee has permission to exploit the patent, that is to say, the patent rights are infringed upon, and disputes arise, they shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may sue the People's Court or request management of the patent. The work is handled by the department. If the department that manages patent work determines that the infringement is established, it may be held liableIf the infringer is ordered to immediately stop the infringement, if the party refuses to accept it, he may file a lawsuit with the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within fifteen days from the date of receipt of the handling notice; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, , the department managing patent work may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
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