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Research on the Doctrine of Equivalents in Patent Infringement

Author: ZhangTieNan
Tutor: ZuoChunJuan；YangYi
School: Dalian University of Technology
Course: Civil and Commercial Law
Keywords: Doctrine of Equivalents Applicable rules Theory of all the technical features The principle of estoppel
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 74
Quote: 0
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Abstract


The doctrine of equivalents as identified the important principles of patent infringement , the international community generally accepted . Of the introduction of this system late 1990s in some jurisprudence , until 2001, the Supreme People's Court issued a relevant judicial interpretations , to formalize this principle only in our country , after have also introduced a number of legal documents , improve applicable rules and standards of the doctrine of equivalents , this principle in patent infringement cases has been more applicable . However , patent infringement in China , the application of the doctrine of equivalents also exist many problems , as a major research topic , combining the basic theory of the doctrine of equivalents , and study abroad application of analysis applicable to the status quo of China 's doctrine of equivalents to find which the issues and put forward suggestions for improvement . The article is divided into four parts : the first part is the same principle applies Overview , introduces the concept of the doctrine of equivalents , the basic theory of apply provided that the applicable rules , applicable standards and restrictions applicable ; second part of the analysis of the application of the foreign the status quo , mainly the the applicable status quo of the doctrine of equivalents birthplace of the United States , and China belong to the civil law of Germany and patented technology developed in Japan these three countries the doctrine of equivalents , concluded the application of these three countries ; the third part is the doctrine of equivalents in the analysis of the status quo of China 's applicable legislative and judicial practice , the purpose is to analyze the problem ; perfect fourth part is the same principle applies to the proposal , starting from the two levels , first regulation applicable basis of the doctrine of equivalents , including the improvement of legislation to regulate the right to require the writing of the book and the establishment of the patent court of second instance ; then , according to the third part of the issues raised , the same principles apply rules and standards put forward suggestions for improvement .

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