找人帮我翻译成英文

发布网友发布时间：2022-04-30 02:15

共2个回答

热心网友时间：2022-06-28 22:33

Patent infringement is always a difficult problems of national judicial practice, and the principle of estoppel, as an important principle of patent infringement, there are still many controversial and pressing theoretical problem. Although China has adopted the principle of estoppel, in judicial practice, but has not yet been formally established the principle in legislation. Study on the principles of rich, mature theory perspectives contributes to the principles to effectively guide the legislative and judicial practice in China. Roots of estoppel in common law concepts of equity, in civil law can also be seen as extension of the principle of good faith. From the perspective of jurisprudence on the principle of estoppel, after an in-depth analysis of unknown, principle of estoppel is not the same as the principle of subsidiary, it has its own separate legal basis and logical system. From a lot at home and abroad about judicial estoppel applies case, estoppel is not merely tools to limit the equivalence principle, also is a tool for defining the scope of patent protection. If the patentee in the patent application, patent examination proceres for claims and the application files have been modified, or the scope of rights protection had been qualified, can be presumed that he gave up the original claims and modified scope of rights between the rights. However, if the patentee proves in its modified qualified had in mind was when the scope of the estoppel includes the defendant, the patentee can overcome the prohibition he advocated the same as the above presumption, that is, in such a case estoppel cannot exclude the application of the equivalence principle. Estoppel is based on balancing the interests of the patentee and public needs, the principle of good faith and credibility arise from the requirements of patent documents. Effect of estoppel is accurately defining the scope of patent protection, and not just a right to defend it. Since China's patent legislation is not perfect, apply the principle of estoppel, the lack of experience and patent files open comprehensive enough influence of such factors, resulting in court in the trial of patent infringement cases in China, use of estoppel is not too easily. Therefore, in order to solve the increasingly complex patent infringement disputes in judicial practice, patent law amendments without delay. China should close connection with the actual situation at the present stage in China, selectively using foreign experience in legislative and judicial, timely amended patent law, made to the principle of estoppel, and other detailed requirements.

热心网友时间：2022-06-28 22:34

Patent infringement is that countries have been in judicial practices a difficult problem, and estoppel principle as a patent infringement of an important principle, there are still many controversial in need of solution and the theory problem. Although China's judicial practice adopted the estoppel principle, but in the legislation has not yet formally confirmed this principle. The principle of the rich, the principle to form the mature theoretical viewpoints, in order to guide our legislative and judicial practice. Prosecution history estoppel rooted in common law of equitable idea, in the continental law system also can be regarded as the extension of the principle of good faith. From the perspective of jurisprudence of estoppel principle after further analysis, it is known that estoppel principle is not equivalent principle of subsidiary principle, it has its own independent legal principles and logical system. In the domestic and overseas a lot about estoppel principles applicable judicial cases to see, is not only the principle estoppel of equivalent principle of limits on the tools, or define the scope of patent protection tools. If the application for a patent, patent examination in the process of the claim and application documents have been modified, or the scope of protection of the rights of limited, can be presumed he gave up the original claim and modification of the right to ask the right between range. But, if the patent holder can prove its modification of the original idea of limited does not include the defendant proposed estoppel of range, the patent holder can overcome that equal the prohibited his presumption, that is, in this case estoppel principle is can't rule out the application of the principle of equivalent. Prosecution history estoppel is based on the balance of the needs of public interests, the principle of good faith and the requirements of the patent document credibility and of generation. Prosecution history estoppel's role is to define the scope of protection of the patent right accurate, and not just a kind of defense right just. Because China's patent legislation not perfect, the applicable estoppel principle experience, and China's patent file is not comprehensive public the influence of factors, which in our courts in the adjudication of patent infringement case, the use of estoppel principle is not too freely. Therefore, in order to solve the judicial practice more and more complex patent infringement dispute, it becomes urgent revision of the patent law. Our country should closely combining the actual situation in present China, selective use for reference foreign legislation and judicial experience, revised timely patent law, to estoppel principles and other principles make detailed regulations.