Legal analysis: Changing a design patent into a trademark is an infringement.
Legal basis: Article 12 of the Civil Code of the People's Republic of China
If the civil rights and interests are infringed, the infringed party has the right to request the infringer to bear the tort liability.
article 183 if the infringer suffers damage to himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
article 167 where an infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 1168 Where two or more persons jointly commit an infringement and cause damage to others, they shall be jointly and severally liable.
the design for which the patent right is granted in Article 23 of the Patent Law of the People's Republic of China shall be different from and not similar to the design that has been published in domestic and foreign publications before the date of application or that has been publicly used in China, and shall not conflict with the legal rights previously obtained by others.