The Study On Indirect Patent Infringement Legislation In China

The main aim of the study is to find out the necessity for establishing regulations ofindirect patent infringement in china and to make relevant recommendation to indirect patentinfringement legislation. The present study states the definition of direct patent infringementand indirect patent infringement, and makes comparison of regulations of indirect patentinfringement in different countries. And the study analyzes the controversial subjects: whetherindirect patent infringement shall be based on direct patent infringement and whether joint tortis applicable to indirect patent infringement. In this study, it illustrates the indirect patentsinfringement cases in china. And the study proves the necessity for establishing regulations ofindirect patent infringement through stating the purpose of regulation, the application of jointtort theory to indirect patent infringement and the current status of indirect patentinfringement in china. And it makes recommendations to indirect patent regulation legislation:firstly, legislation clarifies the definition of indirect patent infringement in patent laws, andpoints out the indirect patent infringement not based on direct patent infringement, secondly;legislation points out the special article is the object of indirect patent infringement andclassifies correspondent acts of product patents and method patents; thirdly, legislation clarifythe obligation of indirect patent infringement in foreign country.