wholesale dance competition jewelry
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wholesale dance competition jewelry
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jewelry supplies wholesale Acts for appearance infringement: For production and operation purposes, the implementation of patented products for manufacturing, promising sales, sales, and importing its exterior design should be identified. The protection scope of the aforementioned exterior patent should be confirmed according to the design space of the exterior design that belongs to the same or similar types of products when considering the knowledge level and cognitive capabilities of the general consumer's design.
[Legal basis]
"Explanation of the Supreme People's Court on the Application of Laws on the Application of Patent Rights Dispute Cases (2) Article 14
When designing the knowledge level and cognitive ability of the design, it should generally consider the design space of the exterior design that belongs to the same or similar types of products when the infringing behavior occurs. The design space is large, and the people's court can determine that general consumers are usually not easy to notice the small difference between different design; if the design space is small, the people's court can determine that general consumers are more likely to notice that different designs are noticed. Small differences.
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For the appearance design patent of a complete set of products, the infringement design is the same or similar as one of its appearance design, and the people's court shall determine the scope of the protection of the infringing design fall into the protection of patent rights.