Jingzi No.1 intellectual property litigation case in court
2019-03-14
Because of the comparative principles of our country in the law of patent infringement, judicial practice experience is not rich, so the trial of patent infringement cases is not only difficult for judges, but also for patent lawyers and parties. In order to protect the patent right of invention and create more effectively and unify the judicial standards, the Beijing high people's court, based on the summary of many years of experience in patent trial and extensive consultation with experts, drafted the opinions on several issues of patent infringement judgment (Trial) and has been tried by the trial Committee in accordance with the patent law, the detailed rules for the implementation of the patent law and the relevant judicial interpretation of the Supreme People's court The meeting discussed and issued the patent trial in Beijing middle and high-level courts. This opinion systematically expounds various practical problems involved in the judgment of patent infringement. As a document of Beijing local court, it is not a judicial interpretation and should not be directly quoted in legal documents, but it is a summary of the practical experience in the trial of patent infringement cases, which provides a reference standard for judges to judge patent infringement, which can help the law The understanding of relevant laws and regulations by the officials. Of course, some of the opinions in the opinion have been debated in the patent industry for many years. The purpose of this document is to convey relevant information to the readers of the patent industry, and hope that different opinions on the opinions can be timely fed back to the Beijing court so as to make the opinions continuously supplemented and perfected in practice.