Research On Restriction Of Injunctions Relief In Patent Infringement Litigation

The restriction on the remedy of stopping infringement refers to the court not supporting the right holder’s claim of stopping infringement when certain conditions are met after the court finds that the actor constitutes patent infringement in patent infringement litigation.The rationality of this system can be argued from the theory of patent law,the theory of civil law,and the theory of law and economics,and is a fine-tuning of the strong protection system of intellectual property rights,so as to better balance the interests of both sides of rights.The problems of restricting the remedy of stopping infringement in China include: firstly,the situation of restricting the application of the remedy of stopping infringement is narrow;secondly,the judicial interpretation is not properly connected with the patent law;thirdly,the discussion of restricting the application of the remedy of stopping infringement is not sufficient or there is an error in the applicable law;fourthly,the current decision on the nature of reasonable costs of not stopping infringement and the rules of calculation are rarely mentioned,and the way of requiring a one-time payment is not conducive to Fourthly,the current rulings rarely mention the nature and calculation rules of reasonable costs for non-stopping infringement,and the requirement of one-time payment is not conducive to resolving conflicts.Combined with overseas experience and the actual judicial situation in China,the three circumstances that limit the relief of stopping infringement should be: first,when stopping infringement will cause significant damage to the public interest;second,when stopping infringement will cause a serious imbalance of interests between the two parties;third,when the standard-essential patent owner has a major fault in the patent license negotiation or both parties are at fault but mainly due to the fault of the standard-essential patent owner The third is when the standard-essential patent owner is at fault in the patent license negotiation or both parties are at fault but mainly due to the fault of the standard-essential patent owner.The three circumstances limiting the remedy of cessation of infringement are stipulated in the Patent Law,further refined through judicial interpretation and guided by instructive cases for judges to apply,which can effectively increase the feasibility of the system.With regard to the alternative measures for stopping infringement,the concept,composition and calculation of reasonable costs are clarified by drawing on the apportionment rules.When the punitive damages system and the restricted cessation of infringement relief system are applied simultaneously,the intentional infringer needs to bear both punitive damages and reasonable costs,and the intentional infringer needs to pay punitive damages in a lump sum and reasonable costs on an annual basis.