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Infringement Cases Analysis ---- Shanghai M&G Chenguang Stationery Inc. v. Deli Group Co., Ltd. et al. (case of dispute over infringement upon a design patent)
The principle of "overall observation and comprehensive judgment" should be followed for the judgment of design approximation. In a specific case, both the similarity and the difference between an alleged infringing design and a patented design should be examined. The objective analysis of the overall visual effects should be conducted respectively from the perspectives of identical and different design features between the alleged infringing design and the patented design to avoid the influence of subjective factors.Where any person implements the design patent without any creative effort made in it, simply by changing or adding design elements as well as patterns and colors without substantial differences on the basis of the patented design, such act constitutes an infringement on the design patent right. [Source Note: SPC Gazette,Issue 1,2019]



