On Doctrine Of Estoppel And Its'application In Judicial Practice

Estoppel is an important principle in judgment of patent infringement. West Developed countries, especial the united States have formed a completely theoretical system. The doctrine of Estoppel roots in English Equity; its legal bases are the honest principle and justice idea in jurisprudence. Although China has not had the specific provision about Estoppel, it has applied in judicial cases widely. Because of lack specific provision in patent law, Estoppel can not be exactly used in patent infringement; it brings about uncertainty to the administration of justice.The thesis begins with the dispute problem of Shen Qiheng v. Shanghai NengDa Co., introduces and comments the application of the doctrine of Estoppel in United States which has completely and widely judicial practice, focused on the problem of China's application of the doctrine of Estoppel, and takes some suggestions to solve these problems. Except for introduction and conclusion, this paper is divided in to four chapters:Chapter one starts from the connotation and value of the doctrine of Estoppel, the author analyzes the definition, history, legal basis and value of the doctrine of Estoppel in patent law.Chapter two mainly estimates the applications of the doctrine of Estoppel in US and Japan. The author summarizes the applications of the doctrine of Estoppel in US after analyzing three cases happened in US (Leggett v. Avery,FESTO v. SMC,Warner-Jenkinson), and estimates the accomplishment of using the doctrine of Estoppel in US through analyzing the meaningful FESTO v. SMC case specially. The author analyzes one typical case happened in Japan to introduce the doctrine of Estoppel existing as a subsidiary principal of DOE in Japan. The doctrine of Estoppel is not an independent principal but a reference principal to judge the fifthly element of DOE in Japan.Chapter three introduces the application of the doctrine of Estoppel in patent litigation. After analyzing the present status in China, the author points out the existing problems , such as: whether the court can apply for this principal actively; which kinds of amending and stating situation does this principle apply for; what is the relationship between the doctrine of Estoppel and DOE; whether industrial designs can apply for this principal. At last, the author estimates the opening case in detail.Chapter four is the key point of this paper. Combined with the present status and existing problem in China, the author takes proposals to perfect the doctrine of Estoppel in China after learning the successful application of the doctrine of Estoppel in US. In legislation, it should improve relevant laws and regulations to make sure the authority and consistency of using the doctrine of Estoppel; in Judicial practice, it should support the suggestions to solve disputes under the provision of laws and regulations.