On the Application of the Principle of Proportionality in Pharmaceutical Counterfeit Patents—An Investigation on Article Sixty-Eight of the Patent Law
[Purposes]This paper aims to demonstrate that the application of the principle of proportional-ity is not only beneficial to the realization of the reasonable civil liability of the counterfeiter,but also beneficial to the application of the reasonable administrative liability of the counterfeiting patent,and moreover is more conducive to the effective link between medical civil liability and administrative liabil-ity.[Methods]By using the method of typical case analysis,this paper expounds the infringement types of the pharmaceutical counterfeit patents of invention patents,utility model patents and design patents,and provides samples for the application of the principle of proportionality in the infringement of pharma-ceutical counterfeit patents.[Findings]The principle of proportionality,which is limited to the relation-ship between right and right,is applicable to the tort constitution and liability of the counterfeit patent of medicine.[Conclusions]The revision of Article sixty-eight of the patent law in 2020 has increased the intensity of administrative penalties and expanded the scope of administrative penalties to help crack down on pharmaceutical counterfeiters.
counterfeit patent for medicineprinciple of proportionalitypatent lawcivil dutyadminstra-tive duty
NETL
NSTL
万方数据
