停止侵害与专利侵权预防——以侵权行为的再次发生为视角

现行立法及学说语境下的停止侵害责任只能适用于尚在持续中的专利侵权行为。为预防有再次发生可能的侵权行为,可在《专利法》修订之时扩张停止侵害的适用条件,以减少诉讼成本,有效保护专利权。

Stoping invasion and patent invasion prevention——take invasion happening as example

As to the acts that infringe a patent,the cessation of infringements liability under current legislations and context of theories can only apply to those acts that had already commenced and are on-going.It is appropriate to expand the applicable conditions of cessation of infringement at the time of amending patent act in order to prevent those acts of infringements that would happen again in the future,to lower litigation cost and protect patent right efficiently.