The Research On The System Of Indirect Interlope Patent In China

In the era of industrial development, if the Chinese nation wants to be the long-term based on nations of the world, it should have more advanced technologies. The formation of technical superiority is not only relied on the creation of the talent,but relied on the technological innovations which are promoted by a set of incentive mechanisms。The patent protection system which we discuss is the most direct mechanism to stimulate technological innovation. Earth-shaking scientific and technological advances have made the enjoyment of human material and unprecedented change. In bringing good things at the same time also led to its own ethical and legal concept of a great shock.Talented people of the era, A high level of technology to commit crimes so that knowledge and information characteristics of a new industrial development prospects of even more complex.. Will also allow patent protection system faces a more complex situation.Indirectly from the first patent infringement case relating to (1871 Kangdiniege-state area in the United States Circuit Court heard the case of Wallace V. Holmes) is the best evidence of the emergence of Patents as a kind of intellectual property rights, its own special protection of the special nature of the decision. Indirect patent infringement, with the technological development, social progress which is, the Indirect patent infringement and direct infringement with each other to develop.Main methods of this study are: (1) The theoretical analysis and empirical analysis of the method of combining concluded indirect infringement of patents on the basis of relevant theories, the author combines the latest data and research materials on China's indirect infringement of the patent status of research, and thereby draw the corresponding conclusions and proposals to make the conclusions more authentic(2) Comparative analysis Comparative analysis throughout. I through the country and between countries and regions, indirect infringement of patent theory and legal practice a wide range of contrast, found that indirect patent infringement of China's problems in judicial practice, and by finding the reasons for, and actively explore the indirect patent infringement deal with Chinese path and methods.This addition to the introduction and conclusion, this article consists of four main parts.The first part of the paper trail of case analysis, this paper describes the background to the study purpose and significance of the study the content and methods. The second part is the theoretical foundation, focuses on patent awareness of the basic theory of indirect infringement, including patent infringement indirectly, the concept and value orientation of indirect patent infringement found indirect patent infringement types, characteristics and hazards. In the third part, the author discusses the indirect patent infringement related to more controversial theories, including the indirect patent infringement and patent infringement direct contact, patent infringement indirect contact with China and France co-infringement, and on this based on the comparison between the two.. The fourth paper to talk about some of the major indirect infringement of the patent law and practice of Chinese response, including the indirect patent infringement and patent infringement liability, the prosecution of the former Provisional measures and the preservation of evidence before the provisions of the new patent law does not provide an indirect patent infringement response. Finally, concluding section, summarizes the Institute through the indirect infringement of patents derived from the legislative proposal.The third revision of patent law although there is no infringement of the patent to the provisions of the indirect, but it appears to face the reality of life and become more and more complex variety of similar acts of indirect infringement of the patent, We can not evade the one hand, we should be more scientific and rational use of all aspects of the power to prevent and sanction such acts, to protect the legitimate interests of patent holders to maintain a normal and orderly market economy; On the other hand, it should also increase the accuracy of violations found, especially in the identification of indirect infringement to allow the alleged infringer who make their own reasonable and legitimate defense, to avoid the mistakes of the holding others accountable.