Research On Cessation Of The Infringement In The Patent Lawsuit

Ceasing the infringing act is an important relief for the patentee during the patentinfringement lawsuit, and as an absolute protection method, to use it properly is quitemeaningful. Relevant problems will be introduced in this article. First of all, to do somerelevant discussions about ceasing the infringement act, the most basic concept, for exploringits special function. Thereafter, to discuss the applicable scope and condition of ceasing theinfringement act, in addition to doing research on the applying of Permanent Injunction inAmerica. When researching the Permanent Injunction, the historical transition of its concreteapplicable standard and the Four Elements inspection rule are researched as well. In the end,combined the analysis about current situation and shortages of ceasing the infringement act inour country with the research about foreign relevant rules, appropriate suggestions will beproduced.This article is divided into five parts:The first part: an introduction of the case. In this part, problems (namely how to applythe ceasing infringement appropriately, the applicable scope and condition of ceasinginfringement, and the meaning of Public Interest) which will be researched and explored inthis article are elicited by a patent dispute case. Achieving the value of ceasing infringementwill be affected by the above problems directly.The second part: The concept and function of ceasing infringement. The meaning ofceasing infringement is discussed firstly in this part. After that, to explain the function ofceasing infringement based on comparison and analysis, that is, the fundamental differencebetween ceasing infringement and remedy is that ceasing infringement also containspreventing function except for remedy.The third part: The applicable scope of ceasing infringement. The applicable scope ofceasing infringement is defined in this part by distinguishing the applying of ceasinginfringement in kinds of tort type. When an act is cognized as tort, it’s not inevitable that thecourt supports claimant’s claim and commands infringer to cease infringement act. Theapplying of ceasing infringement should be modified according to the condition. Meanwhile,the court should also consider patent exhaustion principle when apply ceasing infringement.The fourth part: The applicable condition of ceasing infringement. At first, discussing theapplicable condition of ceasing infringement, that is, the actor dose infringe upon patent right and keep infringing. Thereafter, have a specified discussion upon the applying of AmericanPermanent Injunction by researching American judicial practices and the development ofvalue orientation. Finally, do a dissertation about applying of the institution, and emphaticallyanalyze its applying standard, Four Elements Inspection Rule.The fifth part: The exception of applying the ceasing infringement. The exception ofapplying the ceasing infringement exists when the actor has already been confirmed astortfeasor. However, applying the ceasing infringement is removed based on consideration ofsome special factors. In article, dissertating about the following three special situations: harmpublic interest, the imbalance of interests between patentee and tortfeasor, the abuse of patentright.The sixth part: Re-construct the ceasing infringement in our country. Firstly comb theframeworks of ceasing infringement in our country, subsequently point out the shortage, thatis, the legislative blank on applying rules and the unspecified definition on Public Interest. Atlast, make suggestions on the improvement of ceasing infringement institution. Thesuggestions mainly contain the specified and definite standard on applying ceasinginfringement, the more rational and scientific space for applying ceasing infringement, andefinite meaning of Public Interest, and introduction of English License of Right in order todealing with the frequent-appeared right abuse problem.