The Research On Cessation Infringement In Patent Infringement

With the more completed development of patent technology,patent infringement have attracted more attention.Responsibility of cessation of infringement have played an important role in protecting rights of patentee for a long time,as an effective relief way.However,a few judicial cases emerged in recent years, have been overthrowing the legitimacy of absolute application for responsibility of cessation of infringement in patent field in a faint force.Guidance of public interest,imbalance of interests between the parties and abuse of rights brought from generalization application of cessation of infringement,which have made it possible for cessation of infringement to limited application.Thoroughly comparing two natures of intellectual property rights and civil liability obtained by cessation of infringement,giving a clear picture of cessation of infringement. It is not identical for cessation of infringement in patent infringement and permanent injunction but having the similar function.However,the development of permanent injunction have brought enlightenment for cessation of infringement.At the same time,curbing rights abusing,balancing social public interests,encouraging innovation of patent technology have been obvious positive significance brought from cessation of infringement.Plenty of judicial cases have proved that consideration of social public interests have been concrete reasons for limitation of cessation of infringement,which represent justice. Various of social public interests lead to difficult to clear it definition.And it have been a trend to clear it in the form of case guidance. Balance of Interests between the parties have accorded with inner requirement of economic security theory,but there also exists conflicts in economic security theory and patent incentive and innovation theory.Apply at will of cessation of infringement and damage compensation have created a bottleneck to application of limitation in cessation of infringement.So it is a better way to priority apply damage compensation.After the limitation of cessation of infringement,patentee seek remedy from judicial compulsory license.