Research On Sellers’ Legal Source In Patent Infringement

A complete patent commodities trading has three essential links: producers,sellers and consumers, consumer behavior are not punished in The Patent Law andinfringement to producers is relatively easy to decide, but it is more complicated todecide seller’s legal liability. The article70of Patent Law ruled that if sellers canprove the way of his commodity and the sellers in good faith, they can exemptionfrom liability for damages. With the development of social economy, the role ofintellectual property rights have become more and more obvious, the phenomenon ofinfringement also increased significantly, which the patent infringement involves themost number. From the domestic perspective, distributor is the largest number of agroup, each seven of the ten distributors are being appealed to the court becauseselling the infringing goods; from the abroad perspective, the territory of high-tech isheld by foreign enterprises, as a development country, more of role as a distributor,the two angles from different aspects confirmed the necessity of perfecting thelegitimate sources. Since the Patent Law published in the1984have beenmodification three times, but haven’t a relevant judicial interpretation and an unifiedbasis, even though the two important elements of subjective and objective havedifferent judgment criteria. Good faith is one of the subjective constitute of legalsource, the judge of court to the infringement warning letters have two completelydifferent conclusions, and the theorists have two different opinions about theresponsibility principle and the burden of proof. Objective elements of legitimatesource have the most contrary judgment, sometimes the court give too much protect tothe plaintiff and sometimes there are certain partiality to the sellers. This paper basedon the combined analysis of the date and theory, have a comprehensive analysis of theelements of subject and objective. Hoping the suggestions can improve the system oflegal source get better to the judicial, to better serve china’s economic developmentand social progress.