Research On The Application And Limitation Of Ceasing The Infringing Act In The Patent Infringement Litigation

Ceasing the infringement is a kind of relief measure which is widely used in the civil tort of trial, and it is also one of the main remedies of the plaintiff’s request in the patent infringement litigation. At present, the specific application conditions and scope of the infringement of the patent law is not clearly defined in our country. At the same time, the application of the blind in practice to stop the infringement of relief, has produced some unreasonable conditions.Based on the basic theory of the patent law, combined with the actual situation of the civil trial of patent of the people’s court, from four aspects to "stop the infringement in patent infringement litigation in the application and limitations of" problem research, through empirical analysis method and comparative research method, statistical prior case, combing the cessation of the infringement restrictions applicable theoretical basis, the applicable conditions and scope of the cessation of the infringement, and finally concludes ceasing the infringing act restrictions applicable to types, an amendment to the patent law as an opportunity, recommendations, to our stop the infringement in patent infringement litigation in the application of the system has been greatly improved, in order to achieve the substantial and procedural justice.