Several Issues In The Civil Litigation Of Patent Infringement

Distinguished from general civil procedure, the patent infringement civilprocedure touches upon not only legal issues but also technical issues, thus thedisposal of cases becomes more professional. How to deal with the patentinfringement cases exactly and protect legitimate rights and interests ofpatentee and any interested party becomes a tough problem in patentprotection. Patent law and relevant judicial interpretations of China have madespecial prescription on jurisdiction, litigating party, suspension of related actsand burden of proof, which have already caught up with the world level, andmet the requirements of agreement on trade-related aspects of intellectualproperty right ("Trips "for short), but some problems are still to be discussedin civil procedures and need further perfection. This thesis attempts to analyzeseveral problems of patent infringement civil procedure.This thesis consists of introduction, text, conclusion and bibliography, andthe text can be divided into five parts:The first part starts with patent infringement, summarizing its forms andconditions, and then stresses the unique characteristic of the patentinfringement civil procedure.The second part discusses the problems of jurisdiction over patentinfringement. Litigating jurisdiction is the first lifeline of civil judicial justice.Due to the complexity and particularity of patent infringement civil procedure,some problems in jurisdiction are yet necessary to be solved. The text mainlyanalyzes special problems existing in rating jurisdiction and territorialjurisdiction and puts forward to unify the final jurisdiction over patentinfringement.The third part clarifies Licensees' right to sue in the procedure. As thepatent infringement exists everywhere and becomes more and more severe, theresearch in this field is of great realistic significance. Combining with theoryof right to sue, the author discusses the issue according to different licensecontracts, and finally puts forward to allow the Licensers and Licensees todistribute the rights to sue by contracts.The fourth part expounds the preliminary injunction in the patentinfringement civil action. Preliminary injunction is an essential procedure inthe process on protection of patent, which plays an important role inpreventing loss from extending. Through the research on the Trips and similarregulations in other countries,the author introduces the actuality of legislation,applicable conditions and judicial practice systematically and brings forwardsome suggestions on further perfection of preliminary injunction.The fifth part just begins with legal meaning of the burden of proof andtheories on distribution of civil certification responsibilities, and thendiscusses how to distribute certification responsibilities fairly and properly inthe case of new product and non-new product in process patent infringementcivil action, with the hope that it would be beneficial to proper understandingof distribution of the civil burden of proof and the further perfection of thesystem of the conversion of the civil burden of proof .