Analysis of IPR Infringement Determination Standards for Labubu Phone Cases

Standard for Determining Infringement of Labubu Phone Case Products

Recently, a phone case product named Labubu has drawn significant attention and controversy in the market. The design of this product is highly similar to that of a well-known brand, prompting the latter to file a complaint for infringement. How can we determine whether the Labubu phone case constitutes an infringement? This article will analyze the issue from several perspectives.

I. Scope of Protection for Design Patent Rights

Design patent rights are a type of intellectual property right that grants exclusive rights to new designs that are aesthetically pleasing and industrially applicable. These rights cover the shape, pattern, or their combination, as well as the combination of color with shape and pattern. The scope of protection for design patents is based on the appearance design shown in pictures or photographs, with brief descriptions used to clarify these images. Whether the appearance design of a phone case constitutes an infringement must be determined according to relevant laws and regulations.

II. Specific Standards for Determining Infringement

1. Whether the Overall or Partial Appearance Design Has Been Copied

According to relevant laws and regulations, manufacturing or selling a product that infringes on another party's design patent without permission is considered an infringement. Whether the Labubu phone case has copied the overall or partial appearance design of a well-known brand is a key factor in determining infringement.

2. Degree of Similarity and Market Impact

The degree of similarity refers to how closely two designs resemble each other, while market impact refers to the actual effect of the infringement on the market. Both factors must be considered when determining infringement. If the design of the Labubu phone case is highly similar to that of a well-known brand and has had a significant impact on the market, the likelihood of determining infringement is relatively high.

III. Liability and Penalties for Infringement

According to relevant laws and regulations, if a design patent right is infringed upon, the patent holder may demand that the infringer assume corresponding civil liabilities, including ceasing infringement and compensating for losses. If the Labubu phone case is found to be infringing, the affected brand has the right to demand that Labubu stop sales, destroy inventory, and compensate for economic losses. Additionally, relevant authorities may impose administrative penalties on Labubu.

IV. Recommendations for Rights Protection and Preventive Measures

For emerging brands like Labubu, it is essential to enhance awareness of intellectual property protection when launching new products to avoid infringing on others' patent rights. Specifically, the following steps should be taken

1. Apply for design patent protection to ensure legal protection for your own products.

2. Conduct thorough research and comparative analysis before the product hits the market to avoid copying others' designs.

3. Collaborate with professional intellectual property agencies to ensure professionalism and efficiency in intellectual property applications and rights protection.

4. Strengthen internal intellectual property training and management to raise employee awareness and competence.

In summary, the criteria for determining the infringement of Labubu phone cases involve multiple aspects and require consideration of various factors. As an emerging brand, Labubu should enhance its awareness of intellectual property protection and avoid infringing on others' patent rights. At the same time, relevant departments should strengthen the protection and management of intellectual property to jointly create a favorable market environment.