Tort Relief Stop Limit Applies Research

The patent law is an important legal system of intellectual property law,It isimportant to balance social innovative development interests and the patentee interests.In our country, once the patent infringement established,, the obligee is granted to have theinfringement relief In the period of validity.However, In the field of Patents justice,Whether it is improper to stop the infringing or to be supported by the court, The legalprofession should face up to with a positive and prudent attitude. In our country,the legalprofession should know how we correctly grasp the interests balance,and restrictionlyapply the infringement relief.we can balance the patentee’s relationship with social andpublic interests better. After The author analysis carefully from multiple perspectives forthe infringement relief, with learning the infringing related system from foreign cases, onthe basis of two groundbreaking cases,the article mainly analyzes our country shouldadopt relevant measures and system.First, it is suggested that we should issued judicialinterpretation with the patent law.and define clearly the public social interests.Second,Itis important to have the mediation guide in judicial mediation,for achieving themaximization benefit.Third, try to defined the infringement relief restrictions applicableclearly with legal interpretation.Fourth, After the court don’t support the stoppinginfringement claim,it can decided to pay patent licensing fees.for achieving the casejustice.Fifth, advocate to perfect the patent protection related rules about the anti-unfaircompetition law.Using the anti-unfair competition law regulation function to prevent patenteeto abuse the infringement relief. Through the above measures and the system to balance theinterests of the patentee and the public interest, to break generalization of the situation,forachieving the Fairness and justice.