摘要
美国法院对专利侵权发出永久禁令救济要符合衡平法原则,即满足原告有合法的权利请求、未来侵害是逼近的而且损害赔偿是不充分的、禁令给被告造成的困难并非不成比例地大于给原告的收益、符合公共利益等"四要件"。法院发出初步禁令则要考虑"四因素",这与"四要件"标准既有联系又有明显的区别。
Permanent injunction against patent infringement issued by the court in the U. S. should be in line with the principle of equity. That is to say, it must satisfy the ＂four elements＂ test： that the harm is imminent and plaintiff must the damage is have a valid insufficient, claim against the defendant, that the potential that the hardships an injunction may bring to defendant is not disproportionate to the benefits it may bring to plaintiff, and that the issuance of the injunction is in the public interest. In issuing temporary injunction, courts should take into consideration ＂four factors＂, which are related to but apparently different from the ＂four elements＂ test for permanent injunction.
出处
《环球法律评论》
CSSCI
北大核心
2009年第5期124-133,共10页
Global Law Review
