1. How to punish appearance infringement of glass cups in the Civil Code
Appearance patent In the case of infringement, the amount of compensation shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined based on the benefits obtained by the infringer due to the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the right owner's loss based on the type of patent right and the nature of the infringement. and circumstances and other factors, it is determined that a compensation of not less than 10,000 yuan but not more than 1 million yuan will be given.
Article 65 of the "Patent Law of the People's Republic of China" stipulates that the amount of compensation for infringement of patent rights shall be determined based on the actual losses suffered by the right holder due to the infringement; actual losses If it is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the right owner's loss based on the type of patent right and the nature of the infringement. and circumstances and other factors, it is determined that a compensation of not less than 10,000 yuan but not more than 1 million yuan will be given.
2. Conditions for obtaining design patent
1. It must be novel
Novelty is the basic condition for a design to obtain patent rights. That is, the design to be patented must be unprecedented. my country’s Patent Law stipulates that the judgment of novelty: its timeStandards shall be based on the date of application; for regional standards, world standards shall be adopted for disclosure in publications, and domestic standards shall be adopted for disclosure in use. In other words, the patented design “should be different from and similar to the design that has been publicly published in domestic and foreign publications or publicly used domestically before the filing date.”
2. It should be original
Many countries regard whether the design is original as a A condition for whether to grant a patent right. Originality mainly means that the design for which patent rights are granted should have obvious characteristics compared with existing designs, or be "not similar". To determine whether two designs are similar, two similar products using the design should be compared to see whether they are similar overall. Patent rights cannot be granted for similar designs.
3. It should be aesthetically pleasing
Countries around the world consider aesthetics as a basis for granting design patents The regulations are different. The United States, the United Kingdom, etc. do not regard aesthetics as a condition for granting a design patent. Countries such as Germany and Japan regard the person as a condition for granting a design patent. The Implementing Rules of my country’s Patent Law stipulate that the design should be aesthetically pleasing.
4. It should be suitable for industrial applications
Since the purpose of design patent is to promote products Communication and economic development, therefore, the design granted a patent must be suitable for industrial application, that is, the design can be placed on the product through industrial production.
The editor of Legal Savior Network answered this question as above. Our country’s laws stipulate that compensation is required for infringement of the appearance of glass cups. Generally speaking, It is said that the amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement. The specific provisions are as follows. Welcome to the Legal Savior Network online legal consultation.
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