Promise To Sell Tort And Relief

With the development of econnmy,technology and political,the types of intellectualproperty also become increasingly rich.on the one hand,by enacting new law,new type ofintellectual property is added; on the other hand, new options are provided by adjustingthe present legal framwork,china’s present patent law-the People’s Republic Patent Lawwas amended in August25,2000by the ninth session of the National Peopie’s Congressstanging committee17thmeeting. It is the second amendent of this law and would beoffcially implemented form july1,2001. The revision is in line with the rapid deveplomentof modern technonlogy and the needs of the world trade organization,strengthening theprotection degree of patent right and scope. Through this revision,"offer to sell"comesinto our field of vision.Then,the third modification of patent law in2008,increased theoffer to sell rights of apperance design,making our protechtion of this right more advancedand comprehensive.Offer to sell is to priovide sales or for sales,in short,made it clear that the behavioror the meaning will to sell a product. Offering to sell would be constitute infringement,butthe infrigement of offering for sale is diffirent from other ingfrienment, this stage of thepantentee does not exist in actual damage,in"Civil Law"does not promise offering for saleas the special infringement.othervise,how to drfine the offering to sell? I read lots ofbooks at home and abroad carefully.there is no authoritative view,all laws on this questionhas not reached a consensus.Form the practice,although nearly a decade has passed,butthe relevant case is not much, a judge in the trial practice is also ambiguous.so I organizea typical case and a lot of information learn from international treaties and legislation ofdeveloped countries.in order to prevent infringement of offering for sale,better protectingof the rights of the patentee,I hope to better understanding of the relevant provisions,sothe meaning of the offering for sale infringing defined liability Principle and the reliefwere discussed.The main content of this article includes the following five parts:The first part of this is the basic theories of representative promised,mainly includingthe legislative background of representative promised,the basic meaning of offer to sell in china’s and its characteristics,and the comparsion with the foreign legislations,Throoughthe introuduction and clarification of its definition,this part will lay a foundation for thefollowing resewrch.The second part is the focus of this paper.this part is divided into three verses,Firstly,the infringement of promised to sell behavior is defined,following the distinction analysiswith traditional infringement and the patent infringement.The third quarter is the key partto anaylse in detain the components of the infringement,which mainly includs fouraspects:one is behavior persion to the meaning of the said sales;two is promised tosaleoccer in patent protection region; three is a promise of sale occer in the term of the patentperiod;Four is a primise sales behavioor without permission.Basing on the differencesbetween offer to sell infringement and the traditional infringement. the author develop herown way of thinking.the infringement must be accompained with relief,Thus a simpleoverview of how to relief the tort and quan the compensation is introduced.The third part mainly introduced the tort liability principles and relief of the offer tosell. According to the difference of offer to sell tort and patent infringent the authoroutlines its imputationg principle,and expresses her point of view.Offer to sell tort reliefmainly includes three aspects:entirly relief,program relief and administrative law relief.The fourth part mainly relates to sales of damage compensation for infringement ofpromise.First of all,the principle of offer to sell copyright infringing is compensation fordamage range is elaborated in detail to provide a better relief for victims.Finally,the authormade her own point of view,to offer reasionable recommendations of the compensationfor damages of infringement.The last part of this paper makes a simple summary.