论我国专利法上停止侵害责任的适用——以美国MercExchange,LLC v. eBay,Inc.为视角.pdfVIP

的停止侵害责任制度成为我们的必然选择。 通过对我国有关停止侵害责任的专利立法及司法实践的具体情况进行考察不难发 现，专利保护理念的滞后、适用标准的模糊及制度之间交错不明的关系等都是长久以来 制约法院准确适用停止侵害责任的重要原因。从理念更新、法规修订、制度协调配合的 角度对停止侵害责任的适用进行完善就成为革新我国专利制度的重要切入点之一。 关键词：专利权；长期禁令；停止侵害；权利滥用；公众利益；利益平衡 Abstract Abstract AAbbssttrraacctt Has been judge of the United States courts for patent infringement dispute basically follow such principles prevailing in that once the defendants patent infringement was proclaimed, the court will naturally apply to the permanent ban to prevent the violations continue or happen again in order to achieve Protecting the goal of the patent. However, this curing processing mode with the patent system relies on external social changes in the environment suffered more and more challenges: increasing the issuance of permanent ban on the public interest potential for harm; Patent Fisherman The imbalance between the interests of the patentee and the infringer had become worse, respond to and deal with these issues to become the U.S. patentsystemis facing a new task appears.given thedirection ofsolving this problem in the emergence of the eBay case, it declared the end of the field of patent law issued by the permanent ban followed the principles prevailing in the Supreme Court in the case the first time explicitly in the application of the patent infringement litigation and long-term ban should also be follow the ban issued by the principle of equity thatshould be in accordance with the requirements of the law of the traditional four-factor test to examine whether the permanent ban should be issued. Compensation in accordance with the requirements of (1) the patentee has suffered irreparable harm; (2) money damages sufficient to compensate for their loss; (3) the issuance of permanent ban will not harm the public interest; (4) weigh the patentee and infringement of both the stakes, inj