The Research Of Infringement Of Cloud Computing Patents

The cloud computing is a new computer technology. However in thesituation of cloud computing infringement, traditional regulations are not inconformity with the features of the cloud computing, thus they cannot protectthe interest of all the parties properly. In this thesis, the author discussed threetopics, the jurisdiction of the cloud computing patents infringement, the jointinfringement of cloud computing patents and the transnational infringement ofthe cloud computing patents. With regard to the jurisdiction, the features of thecloud computing leads to difficulties in determining place of the infringementaction and infringement result. Therefore it is difficult to determine thejurisdiction of this kind of cases. The author holds that the minimum contactprinciple and the long arm jurisdiction which the USA courts use are suitable tosolve these cases. With regard to the transnational infringement of cloudcomputing patent, since China lacks regulations about the transnational patentinfringement. The author holds that the§271(f) and§271(g) of the patentlaw of the United States may be the reference. With regard to the jointinfringement of the cloud computing patents, since the cloud computingcomprises several parties, and different parties implement different technicalfeatures of a patent, there are difficulties in infringement determination. Theauthor holds that the joint infringement principle or the inducementinfringement principle should be used to determine the infringement.