4.4.1 Cessation of infringement
Where an alleged infringer has implemented any of the acts of infringement stipulated in Article 11 of the Patent Law, the people’s courts will generally, based on the allegations of the right holder and in accordance with the laws, rule that the alleged infringer assume the civil liability of cessation of infringement so as to stop the acts of infringement.
However, under the following three circumstances, people’s courts may not order the cessation of infringement:
- According to Article 26 of the Interpretation (II) of Patent Infringement Dispute Cases, “[c]onsidering national or public interests, the people’s court may not order cessation of infringement, and instead order the defendant to pay corresponding reasonable fees.”
- According to Article 25 paragraph 1 of the Interpretation (II) of Patent Infringement Dispute Cases, where the user of an alleged infringing product does not know the product was made and sold without authorization of the patentee, can produce evidence to prove that the product was obtained from a legitimate source, and a reasonable consideration has been paid for the product, the people’s courts shall not support the right holder’s assertion for cessation of said use.
- According to the provision on relevant issues concerning standard-essential patents in Article 24 paragraph 2 of the Interpretation (II) of Patent Infringement Dispute Cases (see Section 220.127.116.11 for further detail).