How to deal with patent infringement and unfair competition

When dealing with some patent infringement cases in life, there may be unfair competition. So how to deal with patent infringement and unfair competition? Next, the editor of Legal Savior Network has compiled some relevant information for you. Everyone is welcome to read this knowledge!

Patent infringement and unfair competition How to deal with competition

Inspection There are two different opinions among the agencies in handling such cases.

The first opinion is that the patent administrative agency compared the two patents with each other and came to a conclusion that was not similar; the effective judgment of the case compared the two patents in isolation and came to a similar conclusion. Although both design patents were obtained legally, it does not necessarily mean that one of the patented products does not constitute unfair competition. This is because patent review and anti-unfair competition belong to two different fields, which are applicable in determining whether the patents are similar. Different judgment methods and standards. Therefore, although the administrative judgment upheld the review decision that did not constitute similarity, it did not affect the court's independent review in subsequent civil proceedings in accordance with the provisions of the Anti-Unfair Competition Law and made a judgment that similarity was constituted.

The second opinion is that judging the appearance of two Whether the design constitutes similarity, the Patent Law and the Anti-Unfair Competition Law do not clearly stipulate the methods and standards for judging, and there is no difference between the comparative method and the isolated comparison method and their standards as mentioned in the original judgment. The original judgment not only recognized the previous administrative judgment that did not constitute similarity, but also determined that it constituted similarity and unfair competition in the subsequent litigation, which was inconsistent with the principles and requirements of the unification of the legal system.

Patent law and anti-unfair competition law both have the legislative purpose and function of encouraging innovation and maintaining normal market economic order. Although the scope of adjustment of the latter is wider than that of the former, both There is often a phenomenon of competing legal provisions. Patent infringement is often closely related to unfair competition. In practice, it is difficult to separate them completely, and in many cases there is no need to make a fine distinction.

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