Research On The System Of The Indirect Infringement In Patent

It has been more 21 years since patent law came into enforcement in China and the patent law be supposed as the most successful law in the intellectual property law. But the patent law did not provision the indirect infringement. However the indirect infringement which is not only common occurence in practice, but shows upward trend with the high development of technology is not ruled in present law. Indirect infringement in patent is always disposed as the contributory infringement in our civil law. So the court lacks the direct apply in dealing with the case of infringement, and injured the lawful rights of the patent holders. So studying on indirect infringement in patent is sorely needed both in theory and in practice.This text led to go in to analyze the relevant theories and the fulfillment problem of the indirect infringement in patent through a typical model case.The first part investigated the basis of indirect infringement system in patent from the theories. First analyzing by the method of the legal philosophy, considering the system of indirect infringement in patent conform to the theory of property value and encourage value. Second setting out from the characteristic of the patent right, prove the rationality of setting up the indirect infringement in patent. Third from the angle of economics, explained the indirect infringement in patent can make the social law resources disposition to optimize, thus carry out the social economy resources to maximization.The second part has carried on the analysis to the domestic and foreign present legislations. First it is the law definition of the indirect infringement in patent, then introduced the correlation legislation of theindirect infringement of patent in the foreign legislation. Finally carries on the comparative analysis to the various countries' theories of the indirect infringement in patent.The third part proposed the concrete conception about the consummation of the patent system. Discussed the relations of the indirect infringement and the direct infringement, and the composition of document ,and the limition of the patent ,and proposed our country patent law system consummates concrete measure.