A Study On Infringement Of Offering For Sale

Offering for sale, which is also called offering to sell, means willing to sell a certain product. It is a common market behavior, which occurs frequently in modern society including the internet. E-commerce is open to the public, in which information can reach every corner of the world. However, at the same time, this causes new challenge to the determination of offering for sale. Anyone in any country can visit a website when the internet functions well. If we simply take any promotion or display as a worldwide behavior, the behavior then will invade the protection of patent rights,no matter the patent is authorized in which counties(regions). As a result the regional feature of patent will fall through. The behavior of others will be greatly restricted and the e-commerce proprietor as well as the public can hardly predict the consequences of their behavior. Therefore it is very necessary to judge the area of offering for sale.In the first chapter, the thesis made a compact introduction of the significance of infringement of offering for sale and introduced researches on the topic and the researching method of the thesis. In the second chapter, the thesis illustrated the concept of offering for sale as a kind of market behavior and as a kind of exclusive right of patent oblige. In the third chapter, the thesis discussed the constitutive elements of infringement of offering for sale theoretically and practically. In the fourth chapter, the thesis analyses typical cases and discusses the boundaries and standards of offering for sale in e-commerce. In the fifth chapter, the thesis discusses the infringement liability of offering for sale in e-commerce. The thesis ended in sixth chapter with the conclusion that the determination of the boundaries should consider information publisher, upload behavior, language, server, web site manager, the information receiver and other factors, in order to make a scientific and rational determination. And whether the people in mainland China can get the product should be the factor considered most. Regulation of the infringement will be the modification of the website content, so that it does not infringe the patent in mainland of China. And the court should not forbade logging in the website from mainland China or the use of Chinese, which safeguards the rights and interests of the relevant public and respect the internet’s free spirit of information spreading.