On Exceptions Of Permanent Injunction On Intellectual Propert Under The Principle Of Balance

The intellectual property infringement relief system is crucial part in its protection,in which permanent injunction is a key remedy that can protect the interests of intellectual property owners to the greatest extent.However,as the economic function of intellectual property is highlighted,the cases are more complicated and diverse.In 2016,the Supreme Court ruled in the form of judicial interpretation that when it comes to “national interests” and“public interest”,it may not be applicable to rule permanent injunction,but to replace it with compensation.This regulation has caused a discussion on the rationality to permanent injunction the application of standards,the definition of the scope of public interest,the determination of reasonable expenses,etc.,and the other provisions of other legal documents to stop infringement,"the interests between the parties are serious Unbalanced,"unable to execute" factors were removed.Therefore,in order to solve the problem of inconsistent judgments on the infringement in China,this paper takes the different subjects of intellectual property as the perspective,Firstly,collect and classify some cases which refuse to issue an permanent injunction.Analyze three issues: the concept of permanent injunction,applicable standard and reasonable fees.The right holder and the defendant are both part of the social group,and the courts take one of them as public interest.With the balance of interests between different subjects such as rights holders,defendant and the public,a targeted solution is proposed: refining the connotation of permanent injunction;limiting the rejection on of permanent injunction,and introduce punitive damages mechanisms,and use legal sources to counterbalance the interests of all parties.Through the targeted improvement solution,the circle of the processing after infringement can be avoided,thereby reducing the arbitrariness of the judgment.