Analysis On Needs To Change Of Chinese Patent Law In Response To Emerging 3D Printing Technology

Breakthrough and wide application of new emerging technologies, e.g.3D printing, are not only changing the structural design of Chinese manufactory, but also bringing challenges to the present system setup of Chinese patent law. In this dissertation, the production process of 3D printing products is introduced and presented, in order to analyze the newly generated legal relations due to the emergence of this 3D printing technology. Secondly, the paper also discusses the risks of patent infringements to which (1) the online sharing platform, (2) individual customers of 3D printers and (3) behaviors of broadcasting and sharing 3D printing files should be responsible. To cope with the aforementioned challenges, suggestions of the approaches and reform strategies on Chinese patent law are proposed at the end of the dissertation.The contents of the dissertation comprise three sections, including 1. Introduction,2. Main Content and 3. Conclusion.The first section (Introduction) introduces the changes in the pattern of social production with the emergence of 3D printing technology, revealing (1) the weakness in the present Chinese patent law to protecting patent right and (2) the necessity for patent law changes.The section of Main Content is comprised by 3 sessions.Session 1 mainly presents the principle and the associated new law relations, and the necessity of relating law establishment.The emergence of new subjects of legal network service platform, consumer, such as 3D document communicators. Possible infringement have personal behavior "production" patent product parts, sales of 3D document transmission, and network service platform sharing behavior, etc.Session 2 analyzes the faults of present Chinese patent law with the emerging of new technologies.The existing legal system cannot effectively regulate the behavior of indirect patent infringement, need to build system of patent indirect infringement. At the same time, the proper use of the patent right for an individual to should be appropriately narrowed, both are short of one cannot.Session 3 proposes in details on (1) the suggestions for the establishment the law of Chinese indirect patent infringement and (2) the changes of Chinese patent law. For the suggestions on Chinese indirect patent infringement, four elements, namely, (1) behavior of indirect patent infringement, (2) subjective elements, (3) infringement object and (4) responsibility, are systematically summarized. Based on the summary, a law system of indirect patent infringement satisfying Chinese legal framework is designed. It is concluded that Section 11 of Chinese patent law, on the unity of the subjective purpose and behavior for fair use of individual content, should not be confined to the liability principle which is only based on the purposes of production and operation. In addition, the issue should also be judged is whether the none-production and operation behavior for individual purpose to be charged with infringement in consideration of the specific form of individual behavior.