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Intellectual Property Infringement relief stop limit

Author: WangZuo
Tutor: HeYuDong
School: Beijing University of Chemical Technology
Course: Civil and Commercial Law
Keywords: intellectual property rights Desist from an infringement restriction Public Interest Balance of interests
CLC: D923.4
Type: Master's thesis
Year: 2010
Downloads: 199
Quote: 1
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Abstract

Desist from an infringement is a civil judicial practice has been widely applied relief measures. Specific to intellectual property issues in infringement cases is the main remedy the plaintiffs appeal. Whether the ruling to stop infringement made a tremendous impact on the interests of the parties. In reality this has happened before in many of these cases, judges are often in direct support of the earlier right to stop infringement claim. Which apply equally to desist from an infringement of the referees, not only elicited a wide range of scholars questioned, but also to refute this article Analysis of the object.Contrast to foreign-related institutions and precedents can be found, it will be find that the parallel remedy of injunction has its own history, principles of application, special role and restriction. Judges sometimes take injunction an inappropriate remedy so as to exclude it, according to the details of the case.when it comes to how to define and distribute benefits and interests, some existing systems may have a good answer. Accession system and prohibition of abuse of rights in tradition civil law theories, and some detailed provisions such as compulsory license of patent in IPR law system can teach us a lesson. This problem also has close connection to judicial practice. Fairness and justice in a jurisdiction are realized case by case being settled properly. A good judge must not make rigid and mechanical judgment. He should extend the boundary of justice through high-level interpretation and application of law. As to the case of conflict between trademark right and prior rights, the judge may exclude the application of stopping infringement, according to Article 41 Paragraph 2 of PRC’s trademark law. Meanwhile, it is a useful attempt to settle the contradictions and right conflicts as well.In our country, both legislative and academic fields, or substantive areas of justice, to desist from an infringement and limitation of remedies apply to both the normative and handling did not match the principles of the law too, the lack of specific operational, there are specific rules are not fully coordinated between the phenomenon. Therefore, it is necessary to stop infringement from a system perspective on the limits of relief to protect it.

Intellectual Property Infringement relief stop limit

Abstract

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