关键词:

知识产权, 停止侵害, 公共利益, 利益平衡

Abstract:

 Compared with tangible property rights， intellectual property presents more particularities in the object of rights， the exercise of rights and the remedy of rights. It is necessary to appropriately restrict the application of stop infringement in the remedy of intellectual property infringement. From the perspective of public interest and interest balance， on the one hand， it is necessary to limit the public interest standard widely adopted in practice to the connotation and extension of public interest in intellectual property law to prevent the abuse of this standard. On the other hand， to safeguard the interests of the parties， it is sensible to learn from cost-efficiency theory， appendage theory and competition policy， combine judicial practice and comparative law experience， and consider factors such as the degree to which the right holder gets sufficient relief， the possibility of the performance of the infringement and the cost， the severity of the infringement， the subjective fault of the parties and the market competition， the application of the limitation of the liability for the infringement of intellectual property rights is limited.

Key words:

intellectual property, stop infringement, public interest, balance of interests