Judicial Identification Of Legal Sources In Patent Infringement Disputes

With the development of the economy,patent infringement disputes occur frequently,and patent infringement behaviors have become complicated and changeable.The consequent phenomenon is that various problems have gradually become apparent when existing legal provisions are applied in judicial practices.In most cases,the right holder only found that his patent was infringed during the sales process.Therefore,in general,the right holders take the users,the promised sellers and the sellers as the defendants for patent infringement lawsuits,and most defendants will file a legal source defense in accordance with Article 70 of the Patent Law.The legal source defense was created under the background of the need to join the WTO and to abide the TRIPs agreement.The legal source defenses of in patent infringement disputes have been revised and improved many times since its entry into the law.This is the statutory defense reason for users,promised sellers or sellers of patent infringement disputes for the purpose of production and operation.In judicial practices,there are a series of divergences on how to identify "I don't know" ? "legal source" ? "the issue of the third party addition and liability".In this article,I firstly discuss the origin and definition of the legal source defense in patent infringement disputes,and elaborate the background of the origin,legal process and definition of the legal source defense in detail.The legal provisions on the defense of legal sources in patent infringement disputes are stipulated in Article70 of China's current patent law,that is,"use for production and business purposes,promise to sell or sell without knowing that it was manufactured and sold without the permission of the patentee A patent infringing product that proves the legal origin of the product shall not be liable for compensation".Secondly,the judicial application and problems of the legal source defense in China's patent infringement disputes are examined.The judicial application is analyzed and summarized based on relevant judicial cases.It is concluded that there are problems in the application of legal source defenses in China's patent infringement disputes,judicial identification and other aspects.Then,the related issues of the legitimate source defense of major countries outside the territory are examined.It mainly investigates through the common law systems represented by the United States and Britain,and the civil law systems represented by Germany and Japan,and makes a comparative analysis of theregulations on legal sources of the two major legal systems.Finally,this article mainly discusses the use value of legal source defense in patent infringement disputes in China and puts forward suggestions for its improvement.Based on the above aspects of investigation,analysis,and discussion,this article looks forward to a systematic study of the issues related to the legitimate sources defense in patent infringement disputes,so as to provide some reference for the judicial determination of legal sources in patent infringement disputes significance.