基于二重维度的解读:加拿大规制专利权滥用的实践及其启示——以奥贝泰克公司诉赛诺菲公司案为例

A Two-Prong Approach to Understanding the Canadian Practice to Regulate Patent Abuse and Its Implication:The Case of Apotex Inc.v.Sanofi-Aventis Canada Inc.& Schering Co.

在"奥贝泰克"案中,加拿大联邦上诉法院认为被上诉人赛诺菲—安万特公司的行为并未指向涉诉专利,不满足专利权滥用的构成要件,驳回上诉人奥贝秦克公司的适用专利权滥用抗辩请求。加拿大以判例法发展出较为成熟合理的"专利权滥用抗辩原则",并与《竞争法》一起规制专利权滥用行为,确保权利人和社会公众的利益衡平。加拿大的务实立场和审慎态度对我国规制专利权滥用的立法、司法和企业"走出去"有启示并应予以借鉴。

In Apotex Inc. v. Sanofi-Aventis Canada Inc. ＆ Schering Co. , the Canadian Fed- eral Court of Appeal denied the request of defence of patent misuse referred by one of the respondents, namely Sanofi-Aventis Canada Inc.. The Court held that the respondent＇s conduct was not related to the patent at issue and could not satisfy the requirements of defence to patent misuse. The defence to patent misuse has been developed well in Canadian case law for several decades, and it is working together with Canadian Competition Act to prevent patent abuse for the purpose of balancing the public interests and private parties concerned. The Canadian experience is worth learning for Chinese legislators, judges and has great implications for Chinese enterprises that are striking to expand to overseas markets.