The Research On Issue Of Innocent Infringement In Patent Law Of China

As long as there are infringements that actually violate the law,it constitutes infringement of intellectual property rights,and the establishment of patent infringement is also the case.The original intention of the establishment of the patent "good faith infringement" defense system is to balance the interests of the patentee and the good faith infringing agent.The key point is that the tortrator can exempt from the civil liability for damages when subjective and kind.The first part first summarizes the research results of China’s current patent right-infringement defense system.The focus of the current study is on the responsibility of patent infringement infringers and the discussion of the patentee rights and interests.Some of the research results are about Chinese and foreign goodwill.The comparison of infringement defense systems;secondly,it analyzes the legal basis of the patent right-infringement defense system,including balance of interests,compatible individualism,and patent infringer’s trust interest protection theory;again,the principle of proof of patent good faith infringement should be adopted In the theory of metacriminal liability,the liability for patent infringement should be scientific and reasonable,and the constituent elements of the counterfeiting and infringement defense system should be analyzed from the subjective and objective classes.Finally,the article compares the legislative differences between the patent right-infringement defense system and other legitimate sources of intellectual property rights defense.The similarities and differences between patent right infringement and patent indirect infringement and their links.The second part summarizes the legislative evolution of China’s patented good faith infringements.For patented good faith infringements,China’s "patent law" stipulates that it has been revised three times,never considered to be an infringement to constitute infringement,and then under certain conditions.Exemption from liability,and even good faith infringers can continue to use infringing products;Second,through the study of patent infringement cases in China’s courts,summed up the value of the patent right infringement defense system,to a certain extent,balanced the right holders and the infringers.Conflicts of interests,while protecting the trust interests of the infringers;Thirdly,in light of the patent infringement cases mentioned in the article,we have demonstrated the inadequacies of the patented good faith infringement defense system in China.These include the excessive discretion of the court and the relief function for the rights holders.Limited,it provides a basis for some malicious infringers to evade liability for infringement.The third part is to use the method of comparative analysis to study the provisions of the international treaty TRIPS Agreement on compensation for infringement of intellectual property rights,and the United States and France to deal with the legal provisions of patent infringement.To sum up the principle of responsibility for the infringement of patents and the principle of liability of the above-mentioned conventions or other countries laws,and to discover their common rules.Analyzed the changes in the general rules of the United States eBay case concerning the issuance of bans in US patent infringement cases.After this case,the United States re-established the "Four Elements Test Standard" when patent infringement took injunction measures,in line with the fact that China’s infringement does not stop.theory.The fourth part,from the theoretical return to the discussion of the problems existing in the judicial practice of patent right infringement,put forward the perfect opinions.First of all,it analyzes the well-intentioned judging criteria of the patent’s good faith infringers,defines the basis for the recognition of goodwill in patent goodwill infringement,and needs to satisfy both the "knowledgeless" and "no fault" elements.Second,it is recommended that sellers and users of patent infringement assume different degrees of duty of care and list the "goodwill" components of the two.Thirdly,to demonstrate that the good-will users do not stop the infringement rationality.It is recommended that courts in judicial practice should try and execute in accordance with this provision.Finally,it is proposed that the perpetrators of good faith infringement defenses do not have to bear the rights holder’s rights protection costs,and it is recommended to clarify the effectiveness of the right holder’s lawyer’s warning letter and the correct way of exercising.Recommendations for sellers of good faith infringement: When a good-informed infringer obtains infringing products in the future,he shall establish a written intellectual property guarantee contract with an upstream supplier or add an intellectual property right security treaty to the sale contract in preparation for being sued for infringement proceedings.Tour providers recover losses.