On Indirect Infringing Act Of Patent

The cognisance for the indirect infringement of patent and the corresponding civil responsibility have long been a headache for the court in dealing with the case of infringement of patent, which is under heated discussion among both academic and judicial circles. Owing to a lack of relevant system, indirect infringement of patent in China has been dealt with as a joint infringing act according to the civil law on whose ground the civil responsibility of the indirect infringer is usually investigated. With a great increase in patent applications and the rapid development of the cause of intellectual property in our country, the number of the case of indirect infringing acts goes up correspondingly. Compared to the general infringing act. the cases under discussion are more complicated and hidden. In addition, there is a defect in national legislation in terms of indirect infringement of patent. As a result, there is a lack of legal basis directly applicable on which the case involving indirect infringing act of patent are dealt with. Such situation not only makes the judge difficult to handle the case, but also makes it hard for the patentee's legal right to be protected. Consequently, the patentee's enthusiasm and creativeness would be greatly discouraged. Therefore, in the present situation when, after the entry of WTO, there isan urgent need for strengthening the protection of intellectual property, it issignificant to make a systematic research, with reference to the situation and law...