A Study On The Judicial Application Of Cessation Of Infringement Liability For Innocent Sellers

China has always regarded intellectual property as a property suitable for property rules,and generally applies physically stop infringement remedies to intellectual property infringements.However,stopping infringement physically is not a mandatory requirement of China’s law,and due to the difficulty of determining the scope of intellectual property rights and the threats caused by the bundle of intellectual property rights,the application of the responsibility for stopping infringement physically cannot achieve legislative purposes of preventing infringement,and will lead to the lose-lose situation between the right holders and the innocent sellers by damaging the interests of both sides,which is not a good strategy;therefore,it is unnecessary to apply a physical cessation of infringement liability to the innocent sellers.After the e Bay case,the United States on the other side of the ocean strengthened the application of liability rules by applying the four elements and restrained the application of permanent injunctive relief.In the United States,innocent sales are in line with the principle of equity,and liability rules can be applied to avoid permanent injunctions.In China,the application of legal cessation of infringement liability to innocent sellers is not prohibited by law,but is in line with the legal system.Moreover,liability rules can be applied through the principle of balance of interests to achieve a win-win situation for right holders and innocent sellers.Specifically,in order to fully respect the free will of right holders and innocent sellers while applying the liability rules,mediation can be used to compensate the losses of the right holders in the form of monetary relief,and at the same time to realize the theoretically cessation of infringement of the innocent sellers,and at the same time achieve mutual benefit dispute resolution between the right holders and the innocent sellers.