How to define imitation infringement

In actual society, we all know that created paintings, photographs, etc. generally have corresponding copyrights and are protected by law. Imitation may be suspected of crime. It is stipulated in our country's laws, how to define the infringement of counterfeiting? Let's take a look at the corresponding answers provided by the editor of the Legal Savior Network.

1. How to define imitation infringement

If imitation is for profit The purpose is suspected of infringing the copyright of others; if it is for personal research and entertainment, it does not constitute infringement.

Article 48 of the "Copyright Law of the People's Republic of China" stipulates: "In case of infringement of copyright or copyright-related rights, the infringer shall be responsible for If the actual loss is difficult to calculate, compensation may be provided based on the infringer's illegal gains. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined , the people's court shall award a compensation of less than 500,000 yuan based on the circumstances of the infringement."

2. Infringement of Design patent What is the determination method

1. Determine the scope of protection of the design patent right. The scope of protection shall be based on the design patent product shown in the pictures or photos submitted by the design patentee to the Patent Office when applying for a design patent, including front view, top view, side view, etc. Among them, the main view is the most important because it best reflects the beauty of the exterior design. When determining the scope of protection of a design patent, attention should also be paid to identifying the elements that can reflect the beauty of the design from these views.

2. Determine whether the design patent product and the infringing product are the same or similar goods. The determination method of Chinese judges usually takes the function and use of the product as the criteria, and also refers to the classification of relevant goods in the International Design Classification Table (i.e., the Locarno Treaty). If the design patent product and the alleged infringing product are identical in function and use, it can be determined that they are the same or similar goods, and the comparison in step 3 below can be continued. If the two are different in function and use, it can be determined thatThe two are neither the same goods nor similar goods. This concludes our infringement determination steps and determines that patent infringement is not established.

3. Compare the design patent with the allegedly infringing product. That is, from the perspective of ordinary consumers, the key parts of the patented design and the design of the product accused of infringement are observed and judged as a whole. After comparison, the following three results may occur:

(1) If the design of the accused infringing product is exactly the same as the patented design, the former will be deemed to have fallen into the Within the scope of patent protection, patent infringement is established.

(2) The design of the accused infringing product is basically the same as the patented design in important parts and is similar as a whole. It may be based on the principle of equivalents. Patent infringement was established.

(3) If the design of the accused infringing product is neither identical nor similar to the patented design as a whole, it will be deemed that the accused infringing product does not fall within the scope of the patent. falls within the scope of patent protection, patent infringement is not established.

Our country's laws stipulate that if the imitation is for profit, it is suspected of infringing the copyright of others; if it is for personal research and entertainment, it does not constitute infringement and infringement. For copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss. The specific provisions are as follows. The editor of Legal Savior Network answered this question as above. Welcome to Legal Savior Network for legal consultation.