In patent infringement litigation,obtaining damages and stopping the infringement are the most important claims of patentees.In order to realize the intensive and efficient trial,both Germany and Japan in the civil law system imple-mented the structure of two-stage trial in the patent infringement lawsuits.At the level of substantive law demands,the lack of information has led to difficulties in determining the range of damages in litigation claims,and the calculation methods for damages in judgments has become distorted.The two-stage litigation system for patent infringement can alleviate the difficul-ty of determining the amount of damages,and optimize the specific calculation methods.At the level of procedural require-ments,the behavior preservation system in our current legislation cannot simultaneously balance timely stopping the infringe-ment and protecting the interests of small and medium-sized enterprises.The practice of filing a separate lawsuit to stop in-fringement may lead to repeated trials and conflicting judgments,and the pre-judgment system which is not often applied in practice is still rough and simple.The two-stage litigation system for patent infringement can achieve the goal of stopping in-fringement in a timely manner while reducing the burden on small and medium-sized enterprises.At the level of referee de-mand,the two-stage litigation system for patent infringement can achieve the intensification of litigation procedures,promote the parties to reach a settlement,and improve the efficiency of diversified dispute resolution.We should implement the two-stage litigation system for patent infringement to provide more timely and effective protection for the patentees.
Two-Stage Litigation of Patent InfringementCompensation for DamagesCessation of InfringementLitigation Efficiency
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维普
