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Research On Several Problems Of Indirect Patent Infringement System

Posted on:2008-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:L G ChengFull Text:PDF
GTID:2166360272469064Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the advancement of science and technology and the development of economy, the means of Patent infringement becomes diversification. The great benefits of the patent have bred the increasing patent infringement, which have done damages to the patentee. Therefore, how to usefully protect the legal rights and interests of the patentee has become the core work of the patent law.The indirect patent infringement is extremely covert as one kind of the behavior encroaching on benefit of patentee, which should be regulated by law .In our country, because indirect infringement system is blank in existence of legislation, there aren't feasible and concrete regulations which are followed by actual judicial practice, patentee's benefit does not get timely and effective protection . Therefore, Chinese Patent Law should reinforce the protection to the patent, in future paten law will be revised once again. Indirect infringement system should be regulated. The author hopes that indirect infringement system is written in new patent law.Firstly, this paper introduces the origin of indirect infringement of patent system and the concrete case of judicial adjudication in China. The author studies existing legislation of the different country which includes USA , United Kingdom , Germany , Japan and European Union, through the analysis and comparison ,the author finds the each other legislation characteristic and similarities and differences ,those statute laws provides lessons and references for our country's patent legislation. Then the author discusses fundamental theory of indirect patent infringement system, especially on the concept and composing of indirect infringement, subjective aspect of the indirect infringement composing, relation of indirect infringement and direct infringement. Finally, the author thinks that at present current situation of protection of patent needs to add indirect infringement system in Patent Law, and brings forward the concrete idea of indirect patent system.
Keywords/Search Tags:Patent law, Indirect infringement, Direct infringement, Patent protection
PDF Full Text Request
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