A Comparative Study Of The Legal Sanctions Of Chinese And English Patent Infringements

Patent technology is the manifestation of scientific and technological innovation capabilities,and the technological innovation capability is a decisive factor in a country's overall national strength competition.In order to succeed in the future,all the countries attach great importance to the protection of patent rights and legal sanctions for patent infringement.Since its establishment,the UK patent legal system has existed for more than 400 years.It has formed a perfect legal system for the protection of patent rights and has accumulated abundant legal experience in the sanctions for patent infringement.In terms of legal sanctions for patent infringement,both Britain and China have adopted the "double track" sanctions model.The longhistory of the development of patent legal system,abundant experience in legal practice,and similar legal sanctions are the main reasons why this article selects the UK as the subject of patent infringement legal sanctions.It is hoped that through the understanding and studying of the outstanding experience abroad,we can better the law and system of the legal sanction of patent infringement at home.After comparing the civil,criminal and administrative aspects of China-Britain.patent infringement legal sanction,this thesis has also formed such views:First,the United Kingdom has set up a special intellectual property court,and China is also in Beijing,Shanghai and Guangzhou.Three special intellectual property-courts have been established in the three places.At present,the establishment of these three intellectual property courts is more in line with China's actual situation,but China still needs a clear legal basis for the handling of cross-regional patent infringement disputes.Second,the UK Patent Law provides for the handling of patent infringement products.China has not made regulations,and it should pay attention to the subsequent revision of laws.At this stage,judicial interpretation can be used to clarify the treatment of infringing products.Third,China's administrative sanction on patent infringement has yielded significant results.The administrative sanction of administrative subjects on patent infringement is worthy of recognition.However,the British Intellectual Property Office has prepared such documents as the "Patent Deciding Disputes Rebrand" to use patents to serve patents.The "sanctions" for infringement are assisted.This detailed operation is also worth learning from.