The Analysis Of The Patent Right Infringement Case Of "Yangxueqingnaokeli"

Along with the science and technology unceasing progress, requests to invent the inventor to be as soon as possible public own invention creation to the entire society, achieved the increase public the science and technology knowledge, the reduced repetition research as well as can mix effectively with the scientific research related manpower and the physical resource resources goal.At present the various countries basic all is achieves this goal through the formulation exclusive law.But when invents the inventor this invention creation application patent time can face a question, is the technical plan public can cause the third human of malicious imitation, namely patent abuse of authority occurrence.In faces the patent infringes upon the right, is infringed upon the right the human to be supposed how to maintain own legitimate patent rights and interests, if appeals the court, how the umpire personnel should recognize the patent infringes upon the right whether establishes, after recognized how the patent right infringement should punish the right infringement person's malicious behavior?This article selected one quite special product drugs patent right infringement case--Guangdong Dongguan ten thousand tenth drugs manufacture limited company the drugs which produced to Tianjin Day Shellac Company "to raise the blood serum brain pellet" the patent to infringe upon the right a document, through the apply theory to reality, to the patent right infringement recognized the principle medium same principle being suitable with has carried on the judicial practice and the legislation with the correlation exclusive law law union application question studies two aspects the ponders, tried in the process to this case to reflect the patent right infringement recognized the principle the suitable question has made the quite detailed analysis and the ponder.At present, our country also has some blanks in this aspect legislation, in the patent right infringement recognized in particular in principle lacks the corresponding legal basis.Facing special area of technology patent right infringement question, judicial organ at trial case time, should be suitable any principle to judge the right infringement, the similar case processing mode also exists actually disputed very much, very many questions do not have unification determining the nature of.This article writing is for the purpose of offering a few ordinary introductory remarks so that others may offer their valuable ideas, to discuss some own viewpoint, hoped actually the judicial organ can coordinate the public to strengthen this aspect consciousness, brings to the enough attention to the patent right infringement question, the communication theory and the practice, the unification right infringement determination standard and the sanction way, the enhancement guards against controls the patent abuse of authority the further occurrence, better maintenance patent holder's legitimate rights and interests.