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On Patent Infringement Litigation System

Author: GeJun
Tutor: GuoQingCun
School: Qingdao University
Course: Procedural Law
Keywords: patent infringement relief of lawsuit construction of system consummation
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 0
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Abstract


During the quickly development of the Intellectual Property, the Relief System of lawsuit for patent infringement is taking a more and more important part in the world. But before the study of the related questions about lawsuit for patent infringement, the thing that should be sure is lawsuit for patent infringement is a kind of special lawsuit. It has its unique characters. First, the patent has the technical attribute, and only when the patent infringement happened, it could be showed. Second, lawsuit for patent infringement has complexity. It can be displayed in the judgment of the infringement, in the determination of compensation and in the collection of the evidences. Those characters are the major reasons which increase the difficulty and complexity of lawsuit for patent infringement. So the system of lawsuit for patent infringement should have pointed. And the consummation of patent infringement lawsuit should fit itself characters. After the introduction of the relief system of lawsuit for patent infringement, this article obtains from the patent infringement lawsuit and studies the situation of domestic and foreign. It analyzes from injunction, evidence preservations, compensation and patent expert jury system and considers how to consummate the relief system of lawsuit for patent infringement.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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