| Summary: | 碩士 === 南台科技大學 === 數位內容與動畫設計研究所 === 98 === Nowadays in the consumer-oriented commercial society, the hot sale design products may frequently become the imitative goal of other companies, and after Egyptian Goddess v. Swisa case, Design patent infringement judgments become to the general observer test as the sole judge of detection in American. This research used experimental method to quantify the similar degree between the design patent products which had legal precedent result and imitations, and used Multi-dimensional Scaling and Analysis of Variance to assay obtained statistics, and then integrated the tort value scope of public concepts and people having different backgrounds would whether have the variations of cognitions. Finally I hoped to define the possible value scope which involved tort, and provide future specialists with a referable pattern and statistics to judge whether design patent is infringed. The main results of this study as the following:
(1)General public and the court decision is not much difference.
(2)Received design education distinguish the product details are significant differences.
(3)Approximate range of values defined in this study: Numerical infringement greater than 74.84; Numerical non-infringement to be smaller than 40.8.
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