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On Indirect Infringement Of Patent

Posted on:2011-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:R Q ZhouFull Text:PDF
GTID:2166330332458360Subject:Law
Abstract/Summary:PDF Full Text Request
The patent indirect infringement system stems from the US,which redeem the disadvantage of traditional patent infringement for the protection of the patentees,it makes the patentextent of protection developed to the non-proprietary product,for the purpose of raising the patent protection level,maintaining patent holder's benefit better. So far it is not provided in our Patent Law. For this reason,when the patent indirect right infringement proceedings sometimes occurs, many courts have to use general rules of the joint and several liability which is prescribed in the Civil Law to adjust the disputes about the indirect infringement. But it can not commendably settle the problems by using the general rules of the joint and several liability , and much negative impact is brought about instead. The regional court's referee criterion varies,and even is widely divergent,it is difficult to guarantee that judicial result is fair. in order to balance the interests between owner of patent and public, unify justice and keep pace with the international society, it is necessary to establish patent indirect infringement system in China . The purpose of this article is that: through several relevant issues are discussed, so that people can attach importance to patent indirect infringement。I hope this article can provide some useful comments of the indirect infringement of patents.Under this background,this dissertation has been divided into four parts:In the first part of the dissertation raises several issues from real-life case to be addressed. Through analyzing, comparing and summarizing these relevant cases, I made a number of controversial issues reflected in these relevant cases.The second part discuss the current legislative and judicial status of our patent infringement firstly ,then from the perspective of domestic and foreign construction patent infringement in China demonstrated the need for the system.The third part generally summs up the concept of patent infringement in China on a variety of perspectives, as well as the characteristics of indirect infringement, that the relative independence concealment and indirect character. Moreover, to avoid conceptual confusion, a more clear description of the problem, the author combined with the patent infringement case related to a comparative analysis of two concepts, identify the links between them and the difference between indirect infringement on the patent system to sort out the basic theory.The fourth part analyzes the institutional framework of patent infringement , first discussed the two types of patent infringement, or contributory infringement and induce infringement, patent infringement second discusses the composition of elements, such as the subject element,object elements,behavior types. Finally cobine with the real-life case that was occurred, then propose some suggestions for parties which commit a patent indirect infringement.
Keywords/Search Tags:Patent Rights, Indirect Infringement, Direct Infringement, Common Infringement
PDF Full Text Request
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