Research On The System Of Bona Fide Use Of Patent In China

In the patent infringement litigation,tort people tend to put forward the defense according to the patent rights of the appeal,which is the premise of patent right to use a valid infringement of behavior main responsibility exemption,the intention is to safeguard the rights and interests of human behavior and the use of the balance protection of goodwill trust interest.The Supreme Court issued the "on the trial of infringement problems of patent infringement cases application of law interpretation(two)"(hereinafter referred to as the "two")April 1,2016 began the implementation of the provisions of article twenty-fifth of the users can not stop the use of goodwill.To stop the tort liability as the most direct means of patent infringement remedies,although effectively stop the infringement of the infringer,but once the establishment of patent infringement must stop the abuse has gradually highlighted.Based on this,focus on the analysis of the premise of patent right to use a stop to bear tort liability,and puts forward some suggestions on the problems that used in good faith in the judicial practice,in order to improve China's patent system used in good faith.In this paper,starting from the law of the law of the system of bona fide use of the patent,combing the changes in the relevant provisions of the use of good faith to clarify the nature of the use of good intentions of the patent,the goodwill of the user's civil liability.Secondly,the author makes an analysis of the exemption of the bona fide user to stop the tort liability and the legitimacy of the judicial interpretation two of the Patent Law(hereinafter referred to as "interpretation of the two").Finally,in view of the problems existing in the use of good faith in judicial practice,the standard of identification of the use of good faith is refined in order to clarify the problems in the application of law.In the first chapter,the author introduces the main content of the system of patent good faith in our country.On the one hand,the paper expounds the legislative changes,the patent system specifically used in good faith,good use of qualitative behavior of China's patent infringement to from non infringement;to stop the use of exemption from damages to exempt from liability in.On the other hand,from the judicial level,the question of the existence of good use of the patent,the main realization of the standard is not uniform,as well as the interpretation of the "two of the interpretation of article twenty-fifth" of the termination of the exemption of tort liability dispute.This leads to the next chapter on the use of good faith responsibility.The second chapter is the core chapter,because the current academic circles for the tort liability for damages of good faith is not controversial,so this chapter focuses on the tort liability for the infringement of goodwill.First of all,it analyzes the value pursuit of the patent good faith system,which can be used as the basis and reason for the good faith users to stop using it.Secondly,from the analysis of the patent law and the legislative purpose of competition order perspective on the protection of exemption from liability of tort is often on the behavior of the reasonable reliance,abuse to stop infringement relief,may cause unfair competition.Finally,from the provisions of the law of our country and the trial of comparative law,it is proved that patent infringement does not of course apply to stop tort liability.That is,from the perspective of legal theory,market economy and comparative law,this paper analyzes the rationality,necessity and feasibility of the use of good faith as an exception to stop infringement.The third chapter is a brief summary of the system of bona fide use of patent,which is a further study of the system in the first two chapters.Based on the "interpretation of several key points about the right to use two identified in particular" new rules "to make detailed explanation to the reasonable price" for patent infringement litigation right to use a person does not stop the specific application is presented using rough solutions.