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Patent Infringement Principles Apply To Research

Posted on:2013-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WangFull Text:PDF
GTID:2246330395970792Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Scientific and technological advances require the inventor to his invention as early aspossible to the whole society open, in order to increase public scientific and technologicalknowledge, to reduce duplication of research, more effective deployment of human andmaterial resources and research. Encourage inventors to disclose their invention of the mosteffective way is through a system given certain economic interests of the inventor as acondition of exchange. The world basically by patent law to achieve this goal, the inventor anexclusive exclusive rights-patents in a certain period of time granted by the Patent Law. Therights of people, is the exclusive features of the patent to protect the legitimate rights andinterests of the patentee, making the patent under the protection of the law to obtain themaximum economic benefit.The patent can bring substantial economic benefits to the right holder, the face of today’sfierce market competition, patent infringement is very serious, to the patentee brought a greatloss. So,how can we effectively protect the legitimate rights and interests of the patentee, apowerful blow to patent infringement, it has become the core work of the Patent Law.However, due to the complexity of the patented technology, the judgment of patentinfringement is often difficult to grasp, in the important position of patent infringement inpatent law and judicial practice, to determine whether the actions of others constitute patentinfringement involves many complex technical and legal issues, so the judgment of patentinfringement has become the focus and difficulty in patent infringement litigation. This is thespecific principles applicable to the determination of patent infringement cases in practice thejudiciary to play a guiding significance by the study of the principles of patent infringement.On the basis of the analysis of patent infringement of the basic theory of patentinfringement based on the principle of judgment of patent infringement, patent infringementdefenses. Analysis of domestic and foreign patent infringement theory, combined with thecases and our truth, applicable to the main principles of the controversy and the pros and consof the analysis described, and some of my views and opinions.
Keywords/Search Tags:patent infringement, infringement judgment principles, applicable analysis
PDF Full Text Request
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