The purpose of this article aims to analyze and summarize how to identify whether the infringer is the producer through some cases in practice, with a view to benefit the trial of similar cases.
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This case makes a beneficial exploration into the compensation methods for intellectual property damage, further increasing the cost of infringement and strengthening the protection of IP.
The key of the trial of dispute cases of infringement upon the design patent right lies in the judgement of the same/similar design and the calculation of the amount of damages.
This case was selected as "Shenzhen Intellectual Property Judicial Protection Innovation Case" and one of “Top10 Intellectual Property Trial Cases of Guangdong Province in 2020”.
The typical significance of this case is how to prove a working relationship or even a labor relationship between the inventor and the company in cases where there is not a labor contract.
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