Grohe AG. v. Zhejiang Jianlong Sanitary Ware Co., Ltd. (Dispute over Infringement of the Design Patent Right)—Determination of Patent Design Features and Functional Design Features of Authorized Designs and Its Considerations in Infringement Judgments

Abstract

If the sued infringement design does not include an authorized design and is distinctive from all the design features of the existing design, it can be generally assumed that the sued infringement design is not similar to the authorized one. For the determination of design features, the patentee shall prove the design features claimed by him/herself and allow the third party to provide counter-evidence to overturn them. On the basis of hearing the opinions of the parties, the people’s courts fully examine the evidence and determine the design features of the authorized design in accordance with the law. The identification of functional design features does not lie in whether the design is not selectable due to the limitation of function or technical conditions, but in the perspective from general consumers that the appearance of design is whether only determined by specific functions rather than considering the aesthetic value.

Collegial panel judges of the Supreme People’s Court for re-trial: Zhou Xiang, Wu Rong, Song Shuhua (Written by: Wu Rong, Supreme People’s Court; Translated by: Sun Lin, Zheng Yi).