Indirect Infringement In Patent

It has been 21 years since patent law came into enforcement in China , however the indirect infringement which is not only common occurance in practice, but shows upward trend with the high development of technology is not ruled in present law , so studying on indirect infringement in patent is sorely needed both in theory and in practice.The article includes five parts.Part 1 — the analysis of concept of indirect infringement in patent. Firstly the author introduces the concept of indirect infringement in tort law. And present that the frequency of indirect infringement in intellectual property is higher than that of other field, and the character of the indirect infringement in intellectual property. Secondly introduces the background of the formation of indirect infringement in patent and the earliest case of indirect infringement in patent. Thirdly defined the indirect infringement in patent and explain the concept with comparing the direct infringement and common infringement.Part 2 — the international legislation comparison on indirect infringement in patent. In this part ,author introduces the legislation and cases of indirect infringement in America, Britain, German, European Union and Japan, and analysis the difference of legislation in these country. The author pointed that the abovementioned country all select negligent liability attribution as the liability principle of indirect infringement in patent, and the difference on the understanding...