Study On Contributory Infringement In Patent Law

Though the Patent Contributory Infringement hasn't been formally introduced to China Patent Law, there are more and more cases occurring, and judicial practices, local by-laws, as well as research achievements have been made accordingly in the past 2 decades.Patent Contributory Infringement is one of the most difficulties in Patent Law system, since it need make a good balance between the interests of patent owner and general public. Meanwhile since China is still a developing country, enjoying a different background as compared with other developed countries, so how it can offer a proper protection by introducing Patent Contributory Infringement need to be paid careful attentions. On the one hand, after the entry to WTO, China should upgrade the competitive edge of China in the World, on the other hand it should be successful in making the balance between the patent owner and the general.However, China should develop the Patent Contributory Infringement by its own right, regulating that it should follow an existence of Patent Direct Infringement, and don' t offer other exception.This paper briefs this issue into 3 parts: firstly, it briefs the definition of Patent Contributory Infringement, its current situation, lawsuits related; secondly, it briefs the developing of Patent Contributory Infringement in some foreign countries, combined with some comments of Chinese problems related; lastly, the writer provides some legislative suggestions, and makes some comments on two examples from foreign countries, noting 2 key issues in the legislation.The writer is hoping to make his own contribution to the Patent Contributory Infringement' s formally introduced to China Patent Law.