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Research On Indirect Infringement Of Patent

Posted on:2013-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:K ChenFull Text:PDF
GTID:2256330401451276Subject:Law
Abstract/Summary:PDF Full Text Request
Indirect Infringement of Patents aims to provide more effective protection for thepatentee and clearer guidance for the public on the rational use of advancedtechnology. It need to set a more accurate demarcation between the interests ofpatent holders and the public than direct patent infringement system.Although China’s Patent Law is currently no information on the patent indirect infringementprovisions, but to achieve The purpose of the Indirect Infringement of Patents thedifficulty does not lie in the legal provisions on the increase, but rather the theoreticalstudy on a deeper level of breakthrough.Although Chinese scholars have had somesuccess on indirect patent infringement,And there are still many issues that needfurther exploration.These problems are mainly related to the legitimacy of theIndirect Infringement of Patents, And the nature of patent infringement,the type ofbehavior, how to definite the object of the conduct, act. This paper carried out a fulldemonstration for Indirect Infringement of Patents from many aspects of the legalbasis, to make sure the legitimacy of this system. Then put forward views on specificbuilding issues related to patent infringement system.Firstly, through analysis a typical patent indirect infringement case on theintroductory part, Pointed out that the absence of China’s legislation on patentinfringement system, caused the judicial protection of the patent practice. Alsopointed out the problems of China’s academic Institute of indirect patent infringement,and what should the future research priorities lie.On this basis, leads to what problemto be solved and the research directions in this paper.This article body part consists of four chapters.The first chapter is mainlyinvolved in patent infringement definition of the concept of the legitimacy of theargument; the second chapter to discuss the constituent elements of patentinfringement; Chapter III detailed description of the construction of China’s patentinfringement system should be how to define patent infringement object and type;thefourth chapter is related to patent infringement liability defenses,including defensesof the general patent infringement liability and patent infringement responsibilityunique defenses, this paper discusses the unique defenses.
Keywords/Search Tags:indirect infringement of patent, direct infringement of patent, JointInfringement, types of infringement, objects of infringement, plea issues
PDF Full Text Request
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