1. Is it illegal to copy the appearance and packaging of other products?
It is illegal to copy the appearance and packaging of other products. No matter which type of patent it is for, unauthorized use without the consent of the patentee may constitute infringement. Generally speaking, if the design patent is within the validity period and the annual fee is paid on time, then the patent is valid. As long as the product produced by the defendant is similar in appearance to the drawings (six-sided drawings) attached to the design patent certificate, it can be deemed to constitute infringement.
Article 1185 of the Civil Code
If the intellectual property rights of others are intentionally infringed and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.
2. EncounterWhat is the use of hiring a lawyer for disputes over plagiarized product appearance and packaging?
1. Lawyers can help the parties analyze the case and the pros and cons.
When encountering legal disputes, a considerable number of parties know little about the law. After hiring a lawyer, you can get help from a lawyer who is familiar with the law and familiar with litigation procedures. Analyze the circumstances of the case and provide guidance so that the parties can clarify their position in the litigation, thereby laying a solid foundation for the legal exercise of rights.
2. Lawyers can help parties investigate evidence.
After a party hires a lawyer, the lawyer can investigate relevant units and individuals to obtain relevant evidence and materials that are beneficial to the party. Lawyers also have the right to access case file materials to fully understand the facts of the case. In this way, it provides a greater possibility for the parties to successfully litigate the case and effectively safeguard their legitimate rights and interests.
3. After accepting the appointment for litigation, a lawyer shall appear in court to participate in the litigation, participate in court investigations and court debates, and state opinions and demands in accordance with the law.
3. How to determine product appearance patent infringement?
1. Determine the corresponding technical characteristics of the allegedly infringing product. That is, based on the necessary technical features recorded in the claims, the technical features of the allegedly infringing product are correspondingly decomposed.
2. Determine the scope of patent protection.
3. Compare the necessary technical features recorded in the decomposed claims and the features of the allegedly infringing product one by one.
Article 11 of the Patent Law
Invention and utility model patent rights are granted Subsequently, except as otherwise provided in this Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use Its patented method and the use, offer for sale, sale and import of products directly obtained according to the patented method.
Warm reminder:In actual legal problem scenarios, case details vary. In order to accurately and quickly solve your problem and protect you For your legitimate rights and interests, it is recommended that you click the [Consult Now] button below to explain the detailed situation to the professional lawyers of Legal Savior Network. We can solve your actual problems one-on-one and provide you with better services.
