Analysis Of Pantent Infringemennt Not Cease

In accordance with the provisions of our law infringement remedies, cessation of the infringement is inevitable legal consequences of infringement cases. However, if the remedies are used in the judicial process of patent infringement dispute, we find that cease infringement is not inevitable. Although our law does not expressly provide that not cease patent infringement, but in judicial practice the judgments of not cease patent infringement has appeared.This paper starts from both macro and micro to analyze of the applicable conditions of not cease patent infringement and to make recommendations from the legislative, judicial, and law enforcement to make the remedies for patent infringement perfect.The first part is about China’s cases, leads to issues of this paper. There are not regulations reference how to apply to patent infringement not cease.The second section describes the applicable patent infringement not cease in the judicial practice, focusing on three typical cases from China and one case from United States.The third part focuses on applicable conditions of both macro and micro analysis of patent infringement not stop.The fourth part introduces patent infringement to make some suggestions of the legislative, judicial practice and administrative enforcement.Patent infringement not cease is not regulated in laws. But judicial practice, there have been cases of patent infringement not cease. Analysis should be from the nature of patent, and from both the macro and micro aspects of the applicable conditions of patent infringement not cease.