The Legal Regulation On Collective Behavior Of Patent Infringement

Collective patent infringement is the mlicious act seperately committed by several infringing subjects aware of the existence of other infringers who are or are about to commit the infringement act with respect to the same patented invention without permission from the patent holder. In recent year, the collective patent infringement cases have shown a tendency to rise. And the exposed huge hazard and the difficulty patentees have in safeguarding their legal rights are issues which can not be ignored. Collective patent infringement is closely connected with the joint act of patent infringement, the common criminal act, the act of counterfeiting other’s patent, and other related concepts. Are several implementation of tort or infringement of patent right behavior, easily confused in practice. But it also has essential difference, it also helps us to better treatment of patent infringement action group case. A weak IPR awareness, the motivation of economic profit, the missing of legal protection etc are the main causes of collective behavior of patent infringement. To thoroughly settle this symptom, need to improve the existing legal system. At present, China has legal flaws in patent protection. Therefore, it is advised to build from this three aspects:the civil protection system, the administration protection system, the criminal protection system. In civil aspect, it is advised to add the establishment of punitive damages. Meanwhile, to earnestly safeguard the legitimate rights of patentee, the judicial principle of the Plaintiff for Defendants Convenience is expected to be changed. In administrative aspect, patent administrative department shall be authorized to have the rights of punishment, the right of investigation and collecting evidence. It is advised to encat the detailed rules for the implementation. In criminal aspect, it is advised to add related charges against collective behavior of patent infringement and set the corresponding punishment shall be investigated for criminal responsibility of the infringer.