Application of the Green Principles in the Patent Litigation for Cessation of Infringement
Since the promulgation of the General Provisions of the Civil Law,the green principle has been widely applied in judicial adjudications,involving major civil law areas such as property rights,contracts,torts,marriage and family,and intellectual property rights.In the field of intellectual property,the green principle is most closely applied to limit the application of the cessation of infringement in patent infringement dispute cases.Especially,there are lots of potential risks,including waste of resources and destruction of ecology,that are caused by infringement remedies of destruction of infringing products and special molds.Through the summary and analysis of relevant cases in recent years,the current situation of the judicial application of green principles in the cessation of patent infringement are empirically investigated.Based on this,invoking the green principles to clear the preconditions and logic of application of the green principles,explore the path after the defendant is judged to constitute patent infringement but does not stop the implementation,it is proposed to introduce a negotiation mechanism to provide a negotiation platform for both parties.At the same time,an efficient and dynamic reasonable cost calculation model is established.When negotiations are difficult to reach and the defendant continues to exploit the patent,the court may require the defendant to pay reasonable fees to the plaintiff.
green principlepatent rightthe cessation of infringementreasonable costs
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