Legal Regulation Of Patent Infringement Warning Letter

The patent infringement warning letter is a notice or written letter sent by the patentee to the infringer to prevent the other party from abusing his patent right when he knows that his patent right may be infringed by others.In real life,there are more and more cases in which patentee protect their damaged patent rights by sending a patent infringement warning letter.The use of patent infringement warning letter is increasingly widespread.With this phenomenon,the abuse of patent infringement warning letter is also increasing.Therefore,in view of whether the proper use or abuse of the patent infringement warning letter needs to be regulated by detailed and reliable legal provisions,but at present,China's intellectual property law or other relevant legal norms do not clearly reflect the specific provisions of the patent infringement warning letter,resulting in the lack of legal norms of the patent infringement warning letter,which is exactly what this paper has written Premise.In recent years,although the use of patent infringement warning(letter)is more and more extensive,there are no clear legal provisions on the definition of patent infringement warning(letter)and the elements of a reasonable and legal infringement warning(letter).Currently,different scholars hold different opinions on the concept and elements of patent infringement warning(letter).In addition,there are some disputes about the legal nature of the patent infringement warning letter,so the legal nature of the patent infringement warning letter is also a focus of this paper.This paper will analyze and summarize the legal nature of the patent infringement warning letter according to the existing literature and works.The patent infringement warning letter is a letter sent by the patentee to the patent infringement suspect when his patent right is infringed,requesting the other party to immediately stop infringing his patent right in order to protect his patent right and to make economic compensation for the loss caused to the patentee by his infringement.When one party's patent right is infringed,it is beneficial for both parties to send a patent infringement warning(letter)to the other party in a reasonable way.However,with the increasingly fierce competition in the economic market,more and more actors regard sending patent infringement warning letter to the other party as a means to compete for the competitive market or weaken the opponent's market,which makes the patent infringement warning letter lose its original nature and become an important way for some people to fight against the competitors.The abuse of patent infringement warning letter needs more law The law regulates the behavior of disturbing the market order caused by its abuse.How to strengthen the legal regulation of the patent infringement warning letter can be considered from the following aspects:first of all,the patent infringement warning letter should be clearly defined in the patent law,and the concept and nature of the patent infringement warning letter should be reasonably defined in the patent law,and the specific punishment should be provided for the parties' illegal and abusive acts of the patent infringement warning letter Punishment measures;secondly,from the perspective of anti unfair competition law,we have specific and detailed general provisions on the patent infringement warning letter,and strictly regulate the abuse of the patent infringement warning letter;finally,because the abuse of the patent infringement warning letter will also lead to improper monopoly,we can consider reasonably regulating the abuse of the patent infringement warning letter in the way of anti-monopoly law System,it is also necessary to make detailed provisions in the anti-monopoly law on what kind of behavior belongs to the abuse of patent infringement warning letter constitutes an improper monopoly and provide corresponding punishment measures for its abuse.