论知识产权侵权“停止侵害”救济方式的限制

On the Restriction of the Relief Way of Cessation of Infringement in Intellectual Property Rights

知识产权不同于有体财产权,其与公共利益密切相关,也关乎权利人和知识产品使用者之间的利益平衡,限制知识产权“停止侵害”救济具有正当性和必要性。尽管我国各知识产权单行法对此尚未明确规定,但司法实践中已有所突破,司法政策层面也做出了初步尝试,但还不够成熟,难以适应现实需要。应当在法律中明确限制知识产权停止侵害的一般规则、考量的因素以及替代性措施。

Intellectual property rights are different from tangible property rights.They are closely related to public interests and the balance of interests between the obligee and the users of intellectual products.It is legitimate and necessary to limit the remedy of intellectual property rights against infringement.Although China's individual laws on intellectual property rights have not yet been clearly defined,some breakthroughs have been made in judicial practice and preliminary attempts have been made at the level of judicial policy,they are still not mature enough to meet the needs of reality.It is necessary to make general rules,considerations and alternative measures that restrict the cessation of infringement of intellectual property rights defined clearly in the law.