Research On Application Problems Refer To Cessation Of Infringement Liability In Area Of Patent Law

Patent law enacted thirty years, whether it is external pressure or self-transformation, the patent system has been in progress. And on application problems refer to cessation of infringement liability, since a very long period of time is of course applicable state. As theorists and practitioners are aware of course apply unreasonable, the scholars expand theoretical research, but also in judicial practice, for granted application of breakthrough cases appear. This paper focuses on the theoretical analysis of application problems refer to cessation of infringement liability, combined with domestic and international practice, and proposed to application problems refer to cessation of infringement liability limits perfect rules.The article is divided into four parts.The first part is the theoretical analysis of the cessation of infringement liability, mainly determined by starting with the definition and nature of the responsibility to the cessation of infringement liability, the first about the cessation of infringement liability under applicable general value and function, from the general to the particular, given the responsibility to the cessation of infringement liability on patent law reasonable and objective to be achieved applicable; Finally analysis the relationship between the cessation of infringement liability and the permanent injunction.The second part analyzes the problems of application problems refer to cessation of infringement liability. First, learn the legislation and the applicable situation of judicial practice, and then explanation from the applicable conditions of the problem, the application of the type of violations, the applicable standards essential patents under the permission of the four major aspects.The third part is devoted to analysis the theoretical and practical of limitative application problems refer to cessation of infringement liability in the patent law. This is part of the main ideas from the concept of the IP system, interest balance principle, prohibition of abuse of rights principle in these three areas to discuss the theoretical basis of limitative application; from the revelation about the Germany Orange Book Case. The established rules by the case of eBay and HUAWEI v. IDC to elaborate the practice of limitative application problems refer to cessation of infringement liability at home and abroad.The fourth part is to against the problems of the cessation of infringement liability, with the judicial practice and China’s patent law’s trend, learn from foreign mature system design, make relevant suggestions to improve. First, clear the restrictions of applicable, including public interests, balancing the interest between the plaintiff and defendant, industry factors, competitive factors; Second the application under the indirect infringement be two cases of can be directly applied into direct infringement and can not be held directly investigated, the standards of imminent infringement be strictly limited; from applicable principles, restrict market competition factors, restriction of Antitrust Law, Judge contributed license of the four respects to clear the limitative application refer to cessation of infringement liability under the situation of standard essential patents license; Fourth strengthen the cohesion and coordination. about compulsory license system, anti-Unfair Competition system.