Is it considered infringement to imitate someone else's poster design?

If the design of an imitated poster is the same as or similar to the design of a patented poster, it will be considered infringement. If it is different or not similar, it will not be considered infringement. If the main design parts such as shape and pattern are the same, the two designs should be deemed to be the same; if the main design parts are the same but the minor parts are different, the designs should be considered similar. A similarity of more than 70% is considered infringement. Regarding the question of "Is imitating someone else's design poster considered infringement?", the editor of Legal Savior Network will give you a detailed answer below.

1. Is imitating someone else’s poster design considered infringement?

If the design of the imitated poster is the same or similar to the design of the poster that has applied for a patent, it will be regarded as infringement. If it is not the same or similar, it will not be considered as infringement. It's considered infringement. If the main design parts such as shape and pattern are the same, the two designs should be deemed to be the same; if the main design parts are the same but the minor parts are different, the designs should be considered similar. A similarity of more than 70% is considered infringement.

Article 64 of the Patent Law

Invention or utility model patent rights The scope of protection shall be determined by the content of the claims, and the description and drawings may be used to explain the content of the claims. The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.

2. What is the use of finding a lawyer when encountering infringement disputes?

1. In infringement cases, lawyers can judge whether it is an infringement based on their professionalism and make reasonable countermeasures to the infringement case. , to better protect the legitimate rights and interests of the infringed party.

2. Lawyers are experts who provide evidence and cross-examination in litigation cases. They know which evidence is in their favour, and which evidence is against them. Only appropriate and reasonable evidence can achieve the effect of litigation. Don't give evidence randomly. Do not provide evidence that is detrimental to you but beneficial to the other party. Examining the other party’s evidence is cross-examination. The other party's evidence will not function as evidence if it is profoundly and profoundly refuted. In the court debate stage, we should base our judgment on the trial facts, evidence, law, rationality and reasonableness.Get the key points. Establish your own point of view in an orderly manner and refute the other party's point of view in a clear-cut manner.

3. Lawyers can coordinate and handle various interest disputes and provide relevant legal relief and assistance, so that lawyers have a certain affinity among the masses and the masses are more willing to Accept the lawyer's answers and solutions.

3. How to compensate for copyright infringement?

1. In case of copyright infringement, the infringer shall compensate the right holder according to the actual loss;

2. If the actual loss is difficult to calculate, compensation may be based on the infringer's illegal income;

3. The actual loss or infringement of the right holder If a person's illegal income cannot be determined, the court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

Article 49 of the Copyright Law of the People's Republic of China

Infringement of copyright or infringement of copyright For copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner 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, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. .

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