On Cessation Of The Inrfingement’s Application In Chinese Patent Law

Has been judge of the United States courts for patentinfringement dispute basically follow such principles prevailing inthat once the defendant’s patent infringement was proclaimed, thecourt will naturally apply to the permanent ban to prevent theviolations continue or happen again in order to achieve Protectingthe goal of the patent. However, this curing processing mode withthe patent system relies on external social changes in theenvironment suffered more and more challenges: increasing theissuance of permanent ban on the public interest potential for harm;Patent Fisherman " The imbalance between the interests of thepatentee and the infringer had become worse, respond to and deal withthese issues to become the U.S. patent system is facing a new taskappears. given the direction of solving this problem in the emergenceof the eBay case, it declared the end of the field of patent law issuedby the permanent ban followed the principles prevailing in theSupreme Court in the case the first time explicitly in the applicationof the patent infringement litigation and long-term ban should also be follow the ban issued by the principle of equity that should bein accordance with the requirements of the law of the traditionalfour-factor test to examine whether the permanent ban should beissued. Compensation in accordance with the requirements of (1) thepatentee has suffered irreparable harm;(2) money damages sufficientto compensate for their loss;(3) the issuance of permanent ban willnot harm the public interest;(4) weigh the patentee and infringementof both the stakes, injunctive relief is an important factor inwhether the appropriate four aspects to be consider the permanentban may applicable. The introduction of this principle indicatesthat the trade-off between the patentee and the public interestbetween the interests of the patentee and the infringing parties willbecome one of the factors considered by the Court in dealing withpatent infringement litigation focused, and the issuance ofpermanent ban no longer the inevitable result of the infringementestablished. This shift in the U.S. patent system to emphasize themaintenance of the public interest, strict patent protection, andpromote the backdrop of technological innovation will undoubtedlyhave a strong guidelines. China’s patent system was established in the1980s coincided withthe gradual strengthening of worldwide patent protection period, theconstruction of China’s patent system can not help but by the worldtrend, adhering to the same concept of enhanced protection in theissue of patent protection. On the other hand, the state forced thedomestic industrial base is weak, the lack of patented technologiesin the legislature and the judiciary, the status of the patentedtechnology of growing demand, given the broader scope of the rightsand all-round protection of the rights of the patentee. In thiscontext, as to strengthen the protection measures on behalf of thecessation of the infringement liability (similar to U.S. long-termban) in a patent infringement lawsuit has been large-scaleapplicable. Similar to the situation in the United States, our courtfound the defendant patent infringement is often based on thepetition of the plaintiff’s certainly applicable to stopinfringement of responsibility. However, as the permanent banapplicable to lead to a lot of problems prevailing in the UnitedStates in recent years, the cessation of liability for infringement,such as patent holders and the public interest conflicts, the patentee and the infringer imbalance between the interests and otherissues in the prevailing application of domestic same again plusPatent Fisherman "in the country may be a large number of hidden,which makes the review responsibility to stop the infringement onthe patent law system has become the obvious choice.Not difficult to find the specific situation of patentlegislation and judicial practice in China to stop against theresponsibility to inspect the lag of the concept of patent protection,staggered between the applicable standards of the fuzzy systems ofunknown relations are a long time since the court can not beaccurately applied Stop liability for infringement of the importantreasons. Updates from the concept of regulatory changes, systemcoordination point of view of the cessation of the infringementliability applicable to improve to become one of the important entrypoint for China’s patent system innovation.