Research On Patent Infringement System

Science the system of indirect infringement originated in the United States in1871, it hasbeen nearly140years.Now many countries and international organizations have beenestablished the system of indirect infringement, and the system has played an important rolein patent protection. But China has no legislation for the indirect infringement so far, it isnot only can’t protect the interests of the patentee properly,but also makes the lack of anuniform about indirect infringement case in judicial practice.So based on the comparison ofthe system of indirect infringement of different countries in legislation and judicial status, Iwant to proof the independence of the indirect infringement, and to explain the necessity toestablish the legislation system of the indirect infringement combined with the reality ofchina.This article begin with an case in China to study the system of indirect infringement.Thefirst part begin with an introduction of the trial of a case about indirect infringement happenedin Guangdong Province, and then it’s an analysis about how to regulation indirectinfringement cases according to the present legislation system with no special provisions onthe indirect infringement in China.The second part is an overview about the indirect infringement.First it introduces theconcept of the indirect infringement and the source of the theory; then it introduces differenttheories about the indirect infringement; last it’s an introduction of the types of the actions andthe factors to decide the indirect infringement.The third part analyses the two typical kinds of legislation mode of the indirectinfringement. First it lists other countries how to provide the system of the indirectinfringement;then it’s the analysis the reason other countries to establish the systems of theindirect infringement;last, combined with the judicial practice of many countries, it analyzesthe similarities and differences between the different systems of the indirect infringement.The fourth part is about the judicial status of the indirect infringement in our country andthe proposals to legislation. First,it’s a simple analysis to the judicial status of the indirectinfringement in our country; then it demonstrates that it necessary to establish the system ofthe indirect infringement in our country; finally it’s my proposals to the legislation of thesystem of the indirect infringement.