Font Size: a A A

Study On The Indirect Infringement Of Patent

Posted on:2011-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y TangFull Text:PDF
GTID:2166360305456024Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The relief system of indirect infringement establish basing on the balance of interests between the patent holders and the public, in order to redeem the disadvantage of traditional patent infringement for the protection of the patentees. As countries increase emphasis on technological innovation, indirect infringement is becoming an unavoidable subject in patent protection legislation, many countries have ordain the system of indirect infringement in their patent laws in order to protect the patentees effectually.However in our country, the patent infringement cases is increasing, but the legislation did not make provisions on patent infringement, the lag of this legislation makes almost the court invoke the traditional tort law tort theory of common general principles to resolve patent infringement disputes, neither can solve the patent infringement issues effectively nor can balance the interests between patent holders and the public. In view of this, this passage use the methods of comparison and induction, order the typical state of the patent infringement legislation, combine with our existing research on the basic theory of patent infringement analysis, at last give the initial proposals combined with our national conditions construction.This paper is divided into four parts:The first part analysis the basic theory of indirect infringement.This part includes the concept of patent infringement, the nature and composition of elements, and compare with direct infringement and joint tort.The second part use the methods of comparison and induction to compare the infringement legislation of the U.S., UK, EU, Japan and other developed countries and areas, hope to provide legislation reference to our country.The third pare analysis the necessity and feasibility of the infringement's establishment in China. From our practice, national conditions to see, set out the infringement system in China is necessary. Through our existing theory and judicial practice, concluded that China's current system of establishing patent infringement is ripe.The fourth part give the initial proposal of building a legislative system in China after referring the above issues, hope that can give the reference.
Keywords/Search Tags:patent, Indirect infringement, direct infringement, Joint tort
PDF Full Text Request
Related items