The Application Of The Principle Of Estoppel In Patent Infringement

Although the legislation introduced in our country has not yet provided the principle of estoppel clearly, but the judicial practice of our country has repeatedly invoked this principle to hear patent infringement cases. It is precisely because there is no specific law, and judicial practices have different views in regard to the applicability of the principle of estoppel and how to apply the principle of estoppel. It brings about uncertainty to the administration of justice, and the parties can not be standardized and guidelines of the civil acts. Although the disputes between Xie Wenwu and Haier Communications Company go through the first and the second trial, the final judgment has been put into force, but the problems caused by the case have not been completely resolved. This paper focus on "the principle of estoppel applies to the standard" and "the principle of estoppel principles apply with the same relations" which arising from the disputes between Xie Wenwu and Haier Communications Company, at the same time, discussed the attached problems in the application of the principle of estoppel, introduced the law in the legislative and judicial practice in the higher level countries such as the United States and other areas , by comparison and analysis, Considered the problems in order to improve the system of China's patent laws, raised a number of opinions. This paper includes two parts: the introduction and the text, and the text is divided into four Chapters.Chapterâ… : This part details the disputes case between Xie Wenwu and Communication Co., Ltd. v. Hale, including the subject, the focus of the case and controversy and differences of opinions. On the basis of an analysis of the focus of the dispute, it points out the issues exist in China's patent law that reflected in this caseChapterâ…¡: This part is about the theoretical foundation of the principles of estoppel. First of all, it expounds the concept of estoppel, and then introduces the source of estoppel and its development, and finally it analyzes existence dependency theory of the estoppel.Chapterâ…¢: This part is about attitude of the principle of estoppel of our country. Firstly, it described the legislative situation of the principle of estoppel in our country in detail, and then analyzed the Changes of estoppel at the development of legislation in our country.Chapterâ…£: The part is about the specifical application of principle of estoppel in the process to determine the patent infringement. The part firstly analyses the premise of the application of the principle of estoppel, followed by an analysis of the standards to apply to the principle of estoppel, as well as the relationship of the Principle of Prosecution History Estoppel and Equivalents, Finally, combination of the specific case, the part analyzes the application of the principle of estoppel.Chapterâ…¤: Combination of the above specific analysis, as well as the legislation quo of our country, a number of opinions are raised for our country about to build the principle of estoppel.