Recycled Goods And Patent Infringement Association Between

In recent years, with the vigorous development of renewable industry, renewable commodities and the question of patent infringement resulting. United States and Japan have occurred in a series of patent infringement and renewable commodity-related patent dispute case has aroused national intellectual property scholars extensive attention. Canon of Japan for the protection of its inkjet printer cartridge market and its profits, and launched the patent litigation case caused a stir in China. The case not only directly related to the interests of both parties, and to influence the outcome of China renewable supplies enterprise's survival and development issues. Final judgement in the first instance to the ups and downs, reflecting the size of the scope of patent rights, patents exhausted, and repair and recycling finds that the different standards, but also to industrial competitiveness, environmental protection, patent protection and social interests of the public balance and many other issues.By patent law theory, the patentee's own production or authorize others to produce the patented product sold, the purchaser can use the product and can use the product in order to carry out the necessary repairs. But if the patented product scrapped in the future, people in the purchase of the product on the basis of re-creation of a patented product, it may be a patent violation of the franchise. Then on whether the patented product will be renewable patent infringement? How to distinguish repair and recycling?In this paper, "Canon Inc. v. Recycle Assist the import and sale of renewable cartridge patent infringement case" as the center of foreign-related cases and principles of patent law, patent infringement renewable commodities and the issue of the relevance of empirical analysis, and obtained their own conclusions.The judgments related to intellectual property rights in remanufacture have not come out as yet. There are two judicial interpretations regarding this issue which are Beijing Higher People's Court's Opinion on Some Issues of Patent Infringement Determinant and Supreme People's Court's Rules on Some Issues in Judging Patent Infringement Disputes. The author analyzes related provisions in the two judicial interpretations and provides amendment advice. I hope that the development of judicial interpretation and help deal with the dispute.