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On Indirect Infringement Of Patent

Posted on:2009-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:J F SuFull Text:PDF
GTID:2166360242487565Subject:Law
Abstract/Summary:PDF Full Text Request
The indirect infringement in patent has 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. The concept of patent indirect infringement originated from the case of Wallace v. Holmes,in 1871. The American congress wrote the indirect infringement into its patent law in 1952 when it has been revised. And, many countries and international organizations like European Union, Japan, Germany, England and so on, have all made the same stipulation in their patent laws. So far they have accumulated rich experience in this area since this system has already been implemented for a long time. This system is also familiar to us,especially in these years, the indirect infringement which is not only common occurrence in practice, but shows upward trend with the high development of technology. However, because of the shortage of relevant provision, 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 legal rights of the patentee. So studying on indirect infringement in patent makes great significance both in theory and in practice.The indirect infringement is discussed systemically in this dissert- ation, which is divided into four chapters, from theory analysis to behavior affirming, then to remedy in the end. The first chapter mainly analyzed the status quo of the indirect infringement system in patent in our country. The author began with the actuality of the system construction of our country and the judicial practice, pointing out the limitation both in legislation and practice of our country's indirect infringement, especially dealt with indirect patent infringement cases in accordance with the concept of contributory infringement of civil law, on which the author based and lodged the sense of independent of indirect infringement in patent.In the second chapter the author used the way of the comparative method, the positivism method, and the inductive method to review in details on the legislation of indirect infringement in America, European Union, Japan as well as other countries and regions. In this part, the author analyzed and compared the constitutive components of indirect infringement in patent in these countries.In the third chapter, based on the above dissertation, the author illustrated that it was necessary to establish the system of indirect infringement in patent first, and analyzed the relevant criteria of the affirmation as well as the characteristic of independent and the conception, possible types, constitutive components of indirect infring- ement.In the last chapter, the author analyzed and dissertated some issues relation to the lawsuit style and civil law remedies to the indirect infringement of patent.
Keywords/Search Tags:indirect infringement in patent, direct infr- ingement in patent, special article, the sense of independent of indirect infringement
PDF Full Text Request
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