(Concerning indirect infringement of design patent)

Introduction:The production of the important part of design product may constitute design infringement as well.

Abstract: This case involves indirect infringement of design patent. The patentee owns the exclusive rights to the design patent of tire, while JIANXIN is a tire tread rubber production enterprise which does not directly manufacture tires. As there is no substantive difference between the tread compound pattern of JIANXIN’s products and the tire patterns protected by the design patent of the patentee, we filed a lawsuit on grounds of indirect infringement. However, the first-instance court held no infringement for the reason that tires and tire tread rubber  belong to different categories of product, without commenting on indirect infringement. We appealed. Finally, the second-instance court fully supported our perspective, and held indirect infringement was established.