The Research On The Application Of The Law Of The Indirect Infringement Of Patent Rights In China

The patent indirect infringement means that the person of behavior didn’t directly use the owner’s patent,but provide the appropriation article or original material which used to carry out the patent,indirectly urge the others to carry on the infringement behavior of direct infringement to the patent.But this behavior should not include any other help behavior.The affirms of the patent indirect infringement behavior and undertaking of the civil case responsibility takes up a crux of the judgment work,the difficulty lies in how to give the patent right owner a full law protection, and same time keep the patent right owner to misuse his patent right.If Patent right owner’s benefits can not get the full succor,even the most Complete law also stay on the paper.China doesn’t carry on rules and regulations to the Patent in direct infringement behavior and lack to the law basis which can directly applied while pursuing the law responsibility of indirect infringement behavior.The patent indirect infringement behavior act indirectly,the object of the patent indirect infringement behavior is" appropriation article",the behavior person’s subjective is intentionally.The Patent indirect infringement behavior bases on the happening of the direct infringement behavior. Western countries all stipulated in direct infringement law as a part of the patent system some stipulate is worth our drawing lessons from.For the unify solution of the judicatory,and the equaling benefits between social public and patent right owner in the meantime for getting along with the national China has a necessity to set up the indirect infringement law."Fault responsibility "Principle for the patent indirect infringement has to be settled.The law responsibility of patent indirect infringement composing four important items:There is the fact of damage;The behavior person sells,provided the" appropriation article"needed to carry out a patent technique;The actor has the subjective intent of tort;The occurrence that the behavior person’s act is related to the cause and effect of appropriation article to relate to the infringement.The major method of taking the law responsibility of the patent indirect infringement is stop the infringement and indemnity. Setting up the patent indirect infringement law system should not contains the act for infringement theory.The types of the patent indirect infringement behavior should be strictly limited.