An Analysis Of The Non-applicable To Stop Infringement Of Patent Infringement

In China's patent infringement litigation,to stop the infringement is an important means of relief.It is general to adjudge to stop the infringement when the court found that a valid patent has been infringed.This type of materialization of the processing model encouraged technological innovation,stimulating the economic development at early stages.But with the generalization of infringement relief,it triggers speculation which is not conducive to the healthy competition in the patent market.Although the judicial practice in our country has broke through the mode,regulations of applicable conditions is not clear in Patent Law which makes our court lacking of legal basis.Therefore,there is an in-depth analysis of the system that does not apply to the cessation of infringement,to enhance the understanding of the nature of the cessation of infringement,to clarify its advantages and loopholes,and to find out that the necessity and reasonableness of the cessation of infringement.At the same time learning from the experience of other countries do not apply to stop the infringing considerations.