China's Patent Infringement Litigation Court Compensate Amount Of Research

In this study, our courts of law on patent litigation Panpei source based on the results of patent litigation in our courts of law Panpei source According to the disputed patent for the invention patent litigation cases, more than 150 cases of patent litigation Panpei is "Supreme Court to hear patent disputes a number of provisions applicable to the legal issues" in Article 21 or Article 21 source of law, accounting for 74% of patent litigation; and utility model patent for the system to fight patent litigation cases, there are 308 cases of patent litigation Panpei is "Supreme Court to hear patent disputes a number of provisions applicable to the legal issues" in Article 21 or Article 21 source of law, of the total patent 78.6% of the proceedings; the results show that in our patent litigation process, for the plaintiffs claim, whether in the disputed patent for the invention of the patent litigation or in the utility model patent for the disputed patent litigation cases, both More than 74% the proportion of the above is not supported by the court. Such a high proportion of the plaintiff the burden of proof or evidence do not know how the lack of time is the need for further discussion; because, no matter how anti-Liangzao for both, if the offense and defense showed that the absolute disadvantage of the plaintiff, especially in the patent infringement litigation, the Court has confirmed that the defendant actually has violated the plaintiffs patent, the plaintiffs loss should be compensated; in this case, if the issues the court that the plaintiffs evidence did not support the amount of compensation by the court ruling, its average value judgments are less than 50 million. This result may cause the public does not respect the concept of intellectual property rights; and the development of our industry is in the negative.According to the research analysis concluded that the infringement was established when the court held that the defendant, the court shall allow the plaintiff in a certain period of time the defendant infringed the relevant evidence, to ensure that the interests of the plaintiff to obtain legal protection and support. However, this will result in the defendant's rights abuse of the right; This study suggests that it should return to the original problem, is to consider "If you first, and is against any patent infringement court was established, others on will not face financial information to investigate a particular issue. " The only way to give the patentee support efforts to increase the world's confidence in China's respect for intellectual property; also to prevent counterfeiting and copying the behavior of other tricks.Meanwhile, according to analysis obtained in this study, another conclusion is that the patentee's point of view, if, after the establishment of product patent portfolio, a product that is different from the more than patents to protect. The results from this study show that both pieces of the contested patent litigation, the plaintiff in addition to patent litigation can increase the winning percentage, but also can get a higher amount of compensation...