The Analysis Of Invention Patent Infringement Dispute Between Changsha Shen×Company And Hunan Guang X Company

The integrity of legislation and its enforcement of intellectual property law is akey to perfect the intellectual property system. It is also an important point for theimplementation of the intellectual property strategies and a powerful guarantee for theconstruction of an innovation-oriented country.The patent right is an importantintelligent property right, which impacts increasingly in national economy, scienceand technology. As a result, the dispute of patent right grows also more and more,and the corresponding law issues are always concentrate attention of scholars of lawacademic theory and the judicial practice in China.Invention patent infringement dispute between Changsha Shen×Company andHunan Guang×Company (pseudonyms for legal reason), has been lasting for10years.During this period the litigation progressed with trial of the first and second instance,review examination, and the second review by the supreme people’s court. Thelitigation conflict focuses on four aspects as follows.First, the court approved the application for temporary ban of Changsha ShenCompany, and the undertaker of the market expenses loss during the period oflitigation.Second, decide which of the three appraisal results should be considered, sincethe courts of the first&second instance trails and review examination turn to threedifferent Judicial authentication institutions for technology fact appraisals.Meanwhile, the case was heavily interpreted by the long time testimony, which showsthe court’s lake in the ability of technical judgments. All of these seriously affect thefactual judgment of the case.Thirdly, since the second instance trail court rejected the adjudication becausethe invalidation mentioned by defendant, the approved technical fact had to bereauthorized by a new institution. How to deal with the pronounce judgment and howto make the imputation of the expenses loss are to be decided.Fourth, find the solution to the conflicts between the court sentences and theconsistency principle of damage-responsibility. Because the compensation that HunanGuang Company got is far from enough to cover the market expenses loss due to thetort.action for infringement of patent is an effective way for the patentee to stop the infringement and protect his right. The legal application of a temporary ban, thehearing of invalidation cases and setting of procedures, the use of technologicalverification and the reasonable affirmation of the compensation are the core concernsof the lawsuit and has a direct effect on lawsuit efficiency and the patentee’sinnovation and enthusiasm of rights protectionThe court should promulgate the temporary ban in time, otherwise, it must limitthe compensation for the infringement during the lawsuit within the lawful amounts.The judicatory appraisers must be certificated. Parties should accept the legalconclusion drawn by the judicial authentication institution which is chosen by the twosides of the party or appointed by the court. Patent law should have a thorough patentinvalidation system for which a definite application and review deadline is the mostimportant. The Chinese supreme people’s court has the responsibilities to make afeasible quantitative criteria for the compensation of the patent infringement.