On The Compensation Responsibility For The Damage Of Patent Infringement

Patent infringement should assume responsibility as one of civil liability in relation to the cessation of violence and the elimination of the impact of civil liability, and in that specific application to the more complex and therefore its current intellectual property law has become a hot field of research and difficult problems. Research patent infringement damages full responsibility for the protection of human rights, the legitimate interests of the powerful against the wrongful act of infringement, a good legal environment, a very important theoretical and practical significance. The attempt to patent infringement liability for comparison systematic analysis on how to identify violations, based on the principle that what the perpetrator accountable, tort liability and the constituent elements of a calculation of the amount of compensation.This article is divided into three chapters :The first chapter of patent infringement is the concept, form and features. On the definition of violations, mostly for liability in the country as a starting point. This view, the starting point for the definition of legal responsibility for violations logically problematic. The president adopted the definition of violations, violations is a violation of the law prohibiting sexual or mandatory intrusion achieving civil rights. On this basis, the definition of patent infringement will be arbitrarily exercised patentee to enjoy exclusive rights to human rights or other interests of the wrongful harm. Its constituent elements are two : First, without the exercise of the patentee or patent against other interests; Second, the wrongfulness of conduct. In the form of patent infringement can be divided into direct and indirect infringement violations, which include direct infringement manufacture, use, marketing and sales promises, imports, our patent law did not provide for indirect violations in theoretical circles of indirect infringement is the existence of a direct infringement of constituent elements of "independent" and "dependent" two, the paper believes that the To better protect the rights of people of the legitimate rights of indirect infringement should not constitute a condition for...