Promote amerce amount to eliminate existing system blind area considerably

Arrive again to 1992 from 1984 2000, perhaps be coincidence, every other 8 years, " exclusive law " edit. It is Ran of 8 years of smooth Yin Ren in an instant, in " compendium of strategy of national intellectual property " promulgate, the enterprise makes national innovation principal part 2008, " exclusive law " edit the 3rd times draft passed the State Council to discuss at the near future.

According to statistic, up to 2007, the patent tort case that our country hears already evened more 13 thousand, average and annual grow 10% , a lot of innovation enterprise because of encountering patent tort incur is great loss, innovation of a few “ is advanced ” became ” of “ innovation martyr accordingly even. " exclusive law " when editing the 3rd times, increased pair of patent tort mainly penalize strength ……

　　Patent tort consequence is very serious really

Well-known, economic punishment is one of important judicatory methods of the person that global each country handles patent tort. Our country is active " exclusive law " regulation, to patent tort person amerce amount, violate 3 times of earning for its, if tort person did not violate earning, be in fine with 50 thousand yuan; And discuss this through the State Council " exclusive law " edit the 3rd times draft, criterion with one action adjusts above figure respectively it is times ” of “4 and “20 10 thousand yuan of ” .

Not only such, the person that hit the tort of ” of “ edge ball to those trying in vain, draft also made specific provision further: In patent tort lawsuit, even if occurrence right person loss, tort person illegal earning and the case that patent permits use cost to all decide hard, the court still can be mixed according to the property of behavior of the type of patent, tort the element such as the clue, ruling tort person give obligee 10 thousand yuan of above 1 million yuan of the following compensation.

Promote amerce amount considerably, eliminate existing system blind area, and set high specified number fines …… " exclusive law " edit the 3rd times draft is all-around the economy that the ground promoted pair of patent tort action penalizes strength —— henceforth, once the enterprise appears patent tort behavior, the economic price that its need to pay is tremendous absolutely.

2008 January, in the ” of old brand incident of the memorabilia of “2007 China brand that announces in alliance of brand China industry, the patent tort lawsuit of peaceful and Shi Naide row among them. Fact of this be related explains, in intellectual economy times, patent tort already was head and shoulders above judicatory category to the influence of the enterprise, it returns the brand image with the enterprise closely related.
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