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Improve The System Of Patent Infringement

Posted on:2011-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:N ChengFull Text:PDF
GTID:2206330332478776Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of technology and social progress, a large number of patent infringement cases which appear into the people's vision, our assiduous purpose is how to hit the patent infringements and to protect the interests of the patent holders . It is true that ,there are lots of defects and failings in the law of China , such as the blank of indirect infringement of our patent system , as well as the deficiencies of the tort damages system.There are a variety of ways of our Patent protection ,the way of tort damages has the largest contact with the infringers and the patent holders,which contains the most interests of economic should be received more attention. This paper,which starts from the classification of the direct infringement and indirect infringement of patent,proposed to establish the indirect infringement system in China's patent law system ,and also explored the principles of patent infringement damages : the full compensation principle and the principle of punitive damages. Under the principle of full compensation for damages, I tried to talk about the methods and the scope of calculating the amount of damages and other issues,to analyze the shortcomings of the system; and for the interests of public, I tride to protect the infuingers,and put forward a sound proposal.Full-text is divided into chapters, about 34000 words.The first chapter discusses the establishment of the patent indirect infringement system in our country, considering the similarities and differences of direct infringement and indirect infringement .and the chaper investigate other cases of national legislation,analysis the traditional civil law theory of China .Chapter II,both the occurrence of direct infringement or indirect infringement,this chapter discusses the principle of damages,which including the principle of full compensation, the principle of punitive damages, the principle of statutory compensation,and the principle of compensation for moral damage.Chapterâ…¢, the chapter discusses the methods and scope of the damages of patent infringement. Under the full compensation principle, the patent infringement damages should be fully filled. MY purpose is to insure the scope of compensation . The last chapter discusses the calculations of the patent infringement damages, analysis the compensation calculation methods of China, combined with other countries, pointed out the shortcomings , and put away a perfect views.
Keywords/Search Tags:Patents direct infringement, patent indirect infringement, full compensation principle, damages of the methods and scope, Damages calculation methods
PDF Full Text Request
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