In Patent Infringement Cases,the Seller Defends The Legal Source Judicial Determination Research

In patent infringement cases,the seller who promised in good faith and could prove that the product accused of patent infringement was a legal source will not bear the liability for patent infringement.Legal source is often used as the defense cited by the seller of patent infringement products in patent infringement cases.Due to the disputes on the identification of the seller’s legal source defense in judicial practice,the identification of the seller’s legal source defense in patent infringement cases has different judgment views,resulting in the judicial identification standards are not uniform.The identification of the seller’s legal source defense in patent infringement cases is conducive to protecting the interests of the patentee and the bona fide seller,and at the same time builds the role of supporting a good business environment in the patent market.In order to improve the judicial recognition of seller’s legal source defense in patent infringement cases,this paper first explores the judicial recognition of seller’s legal source defense in patent infringement cases through judgment data analysis and case study,and summarizes the existing problems in current judicial practice.By studying cases,it is found that the problems of judicial identification of the seller’s legal source defense in patent infringement cases include: the seller’s identity is easily used by the manufacturer,the identification standard of subjective constitutive elements is unclear,the examination standard of objective constitutive elements is not uniform,the distribution of subjective fault burden of proof is controversial,and the scope of civil liability is controversial.Based on the judicial recognition of the seller’s legal source defense in patent infringement cases,this paper analyzes the judicial recognition of the seller’s legal source defense in patent infringement cases.This paper analyzes the causes and solutions of the problems such as the identity of the seller is easily used by the manufacturer,the identification standards of subjective elements are unclear,the examination standards of objective elements are not uniform,the distribution of subjective fault burden of proof is disputed,and the scope of civil liability is disputed.Then,based on the judicial identification problems of legal source defense of sellers in patent infringement cases,specific suggestions and countermeasures are put forward.Specific suggestions and countermeasures include: By enumerating the role of seller in commodity supply chain,the author distinguishes "seller in the sense of patent law" and "manufacturer in the sense of patent law",and then clarifies the identity of seller who applies legal source defense in patent infringement cases.To improve the judicial recognition of the subjective components of the seller’s defense against legal sources,on the one hand,the judicial recognition process of the subjective components of the seller’s defense against legal sources is designed,in addition,the relevant influencing factors are listed to examine whether the seller has fulfilled the "duty of reasonable care" in the subjective bona fide recognition of the seller,and the judicial recognition standards of the above-mentioned influencing factors are clearly defined.It makes the judicial determination of the subjective elements of the seller’s legal source defense more concrete;On the improvement of the objective component of the seller’s legal source defense,the examination standard of the objective component of the seller’s legal source defense was first clarified,and the identification of the seller’s legal acquisition of the product accused of patent infringement was increased.It makes clear that the burden of proof of subjective fault of the seller’s legal source defense in patent infringement cases is borne by the seller accused.It is suggested that the court exercise the right to clarify the additional co-defendant to the plaintiff,and explain to the plaintiff that it can apply for the upstream supplier provided by the sued seller to enter the lawsuit as a co-defendant;Finally,in terms of the improvement of civil liability,it explains the internal reason why the seller does not bear the patent infringement compensation liability after the legal source defense is established,but needs to pay the reasonable cost of the patentee to stop the illegal infringement.It is suggested to add relevant legal provisions to clarify the civil liability of the seller after the legal source defense is established in patent infringement cases.