Restrictions On The Application Of Injunction In Patent Infringement

In the field of patent infringement in China,there are two kinds of relief methods,namely,stop infringement and damage compensation.Obviously,this is not the original purpose of patent protection,patent legislation is intended to protect people's patented invention,improve the level of social science and technology,and its ultimate goal is to protect the interests of the state.In our country,the Judge are used to stop the acts of infringement in intellectual property infringement litigation.However,the effect of the order to stop the infringement can not guarantee the real implementation of the patent rights,and even some drawbacks.Such as "tiger Wu Song" in the case,was ordered to stop infringement after many years of hard work to build the cast to the wind to allow the defendant to pre judge,whether there is infringement obviously difficult,has been delayed in the exercise of the rights of the plaintiffs,let the traditional idea of justice is not a small impact,even easy derivative opportunists seeking business patent from.In recent years,with the decision not to stop infringement,entered the field of judicial trial,some of the public interest on the grounds of patent infringement cases have been decided not to stop infringement.In April 1,2016,the interpretation of patent(?).The law are lail out that the judge can be based on national interests and publice interests as excuse to stop the infringement of the system.Firstly,this paper gives a general description of the development of the non stopping infringement in our country;then,the author analyzes the necessity of perfecting the patent infringement,and finds out the existing problems through a large number of cases in judicial practice.Finally,with reference to the legal status of foreign countries to stop infringement,to further clarify the scope of the application of non infringement of patent infringement.We intends to stop the legislative and judicial proposals to improve.In recent years,the scholars in China have made a lot of research on the infringement of patent infringement litigation and the limitation of infringement,but the empirical research is still lacking.Therefore,this paper makes use of the comparison of the data to further study and discuss the 26 explanations,to make a more accurate quantitative analysis of the problem,and to promote the development of theoretical research.