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Talk about the Doctrine of Estoppel in Judgment of Patent Infringement

Author: LiJian
Tutor: ZhangGeng
School: Southwest University of Political Science
Course: Legal
Keywords: Principle of estoppel Doctrine of Equivalents Scope of the claims explained Patent Infringement
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract


With the rapid development of China's scientific and technological level and the state has increased efforts to protect the intellectual property rights, patent protection for individuals, especially the development of the enterprise plays a particularly critical role. The patentee always want to own the key technologies in the legal maximum protection in a tort action, the patentee will generally advocate the equivalent of infringement. Patent system as a product of the combination of law and technology, always seeking a balance between the patentee and the public interest, the principle of estoppel to some extent limit the patentee above propositions. Estoppel principle is not specified as an important principle in patent infringement in China's laws and judicial interpretations, but China's judicial practice has long been acknowledged and applies only applicable standards in practice, the situation and so there is uncertainty the case, bring a lot of inconvenience to the patent infringement judgment. In determining whether a equivalent infringement, even if the accused infringer did not advocate the Supreme People's Court released the annual report of the Supreme People's Court intellectual property cases (2009) \apply the principle of estoppel, the People's Court can also be based on already identified to the fact that, through the application of the principle of estoppel to be necessary restrictions equivalent range, reasonably determine the scope of patent protection. It to the case as a starting point, the detailed study discusses the principle of estoppel, and learn from the judicial practice in the United States, to make a few comments on improving the legal system of China's patent. Paper is divided into six parts: the first part is the case Introduction This section details the process of the case of this article, both the focus of controversy and court decisions; second part of the concepts and the historical development of the principle of estoppel. This section describes the Anglo-American law, contract law in China, the prohibition of patent trial estoppel principle to further studies to illustrate the principle of estoppel in patent law; third part is the basis of the principle of estoppel jurisprudence; fourth part is prohibited go back on the role of the principle of estoppel principle is even more important role is to interpret the claims range obtained through the study of its relationship with the doctrine of equivalents. The fifth part of estoppel is applicable only if, the circumstances and the situation in our country to do the detailed description of the study; Part VI above, and at the same time learn from the advanced experience of foreign countries, on the principle of estoppel perfect in our to make a few observations.

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