| The properness of injunction relief is related to the interests of the right holders.Injunction relief is one of the remedies for patentees or interested parties.There is still abuse of injunction relief in patent infringement lawsuits.Although the injunction relief is the principle remedy in patent infringement,the unconditional application of it may result in the loss of interests of the right holders and the public.It is justified to limit injunction relief in patent infringement cases.There are many problems in the limitation injunction relief in China,but the relevant rules can no longer respond to the actual needs,and may even damage the development interests of the related industries.So this dissertation has both theoretical and practical value.This dissertation is divided into three parts: introduction,main text and conclusion.It starts with the overview of injunction relief,laws and regulations and the status quo of the judiciary to analyze the dilemma of the limitation of injunction relief in patent infringement lawsuit.Then comes discusses of justifications of the limitation of injunction relief.Based on the predicament of the previous analysis,the relevant suggestions for the limitation of injunction relief in the certain cases are put forward.Among them,the body is divided into the following four chapters:The first chapter is an overview of injunction relief and its limitation in patent infringement lawsuits.It starts with the overview of the conception,property and function injunction relief.Then it sorts out and analyzes the status quo of China’s injunction relief in the general law,special law on intellectual property rights and related judicial policies.At the last part of this chapter,the judicial case of injunction relief and thelimitation of injunction relief in patent infringement cases is compiled and analyzed.This chapter provides a theoretical and practical basis for understanding the operating mode of Chinese injunction relief.The second chapter is justification of injunction relief in patent infringement lawsuits.Based on the theoretical and factual basis of the first chapter,this chapter discusses the justification of limitation of injunction relief from the perspective of the property of patent right,the legislative purpose of patent law and the property injunction relief.The third chapter is the dilemmas of limitation of injunction relief in patent infringement lawsuits.This chapter is based on the analysis of the general situation and legitimacy of the limitation of injunction relief.It is concluded that the following dilemmas generally occur in the limitation of injunction relief:(1)The lack of principled provisions;(2)Patent injunction is not regulated in patent law;(3)The abuse of public interest;(4)The lack of rules to regulate the abuse of rights by patentee;(5)The lack of rules of limitation of injunction relief when severe imbalance comes between the two parties;(6)The alternative measures are not enough.The fourth chapter is relevant suggestions for the limitation of injunction relief in certain cases.Based on the research of the previous three chapters,this chapter attempts to bring forward a proposal to limitation of injunction relief in patent infringement litigation in China.First,set principled provisions.Second,set different limit rules for different type of cases.Third,suggest for alternative measures.In the conclusion,this dissertation holds that to cope with the new environment and provide powerful support for building China’s strength in science and technology,it is necessary to build a more comprehensive application rule for injunction relief in order to provide more appropriate system of remedies for patent infringement cases.Furthermore,to give the patentee more appropriate relief,it is necessary to balance the interests of all parties,and to discuss appropriate reasons,methods and degrees of limitation in the area of the limitation of injunction relief. |
