The counterfeit mobile phone and the object it is counterfeiting belong to the same product and infringe the patent rights. Copycat mobile phones and well-known brand mobile phones are similar products and infringe trademark rights; sales of copycat mobile phones that infringe the exclusive rights of registered trademarks also constitute trademark infringement. Legal basis: "Patent Law of the People's Republic of China" Article 11 After the patent right for an invention or utility model is granted, except as otherwise provided in this law, no unit or individual may, without the permission of the patentee, To implement its patent, that is, it shall not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented method, or use, offer for sale, sell, or import products directly obtained according to the patented method. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes. Article 52 of the "Trademark Law of the People's Republic of China" stipulates that any of the following acts is an infringement of the exclusive right to register a trademark: 1. Use on the same or similar goods without the permission of the trademark registrant A trademark that is the same as or similar to its registered trademark; 2. Selling goods that infringe the exclusive rights of a registered trademark. It can be concluded that infringement of trademark rights may occur in the manufacturing process of products as well as in the sales process.