The public interest is one of the reasons why judges refuses to grant permanent injunction on patents in China.It is stipulated in the Chinese Patent Law.There is no clear public interest in Chinese law.The judicial practices have no clear legal norms and appear to common case of different judgments.It leads to improper infringement of private interests in the name of public interest and a lack of legal reasoning in the case.At the same time,the judicial function will be difficult to achieve.The interests of the patentee have been infringed upon.There are three ways to improve the legal provisions and judicial interpretation methods for public interest rules:benefit measurement,proportionality principle,and uncertainty concept value supplementation.The measures taken include:legislators clarify the scope and types of public interest in legislation,the court of justice clarifies the method of judging public interest in judicial interpretation,judges clarify judicial reasoning through guiding cases.
patent infringementpermanent injunctionpublic interestright of claimtortious liability
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