Research On The Indirect Patent Infringement Under The Circumstance Of 3D Printing

In this paper, under the new technology environment of 3D printing,the main study object of indirect patent infringement is the subjects of 3D pringting.And in the respect of the methodology,the comparative law is applied with the view of the judicial pratice and academic opinion of the patent infringement jurisprudence domestic and overseas,especially with the regulation and judicial pratice of the United States and Germany,to analy and identify the nature of indirect patent infringement behaviours and the other aspects of the indirect patent infringement and the direct patent infringement on 3D printing. On this basis, combined with the new features of infringement on 3D printing,it is proposed that in China there should be created and developed an system of indirect patent infringement.This paper is divided into four chapters:The chapter one introduced the features,analyzed and summarized the possibility of different types behavious involved patent infringement of subjects of 3D printing, respectively vender, sellers of 3D printing device, providers of the CAD data file of 3D printing, providers of network platform service and end-users of 3D printing.Under impact of 3D printing, according to the current patent infringement laws and regulations.The Chapter two is focusing on the analysis of the limitations of the direct infringement and joint tort system on the patent infringement of 3D printing.Compare with the indirect patent infringement system,we can conclude that the current direct infringement and joint tort system could hardly to do with the patent infringement on 3D printing.The chapter three is focusing on the comparative study of the indirect patent infringement of foreign law,especially the American Law and the German Law.On the ground of American and Germany Patent Laws, and, respectively, with the analysis and research the possible torts proposed by the subjects of 3D printing,to help our country to deal with the challenges by 3D Print printing, to provide a reference for the indirect infringement system of China.The Chapter four is focusing on suggestions to deal with the challenges by 3D Print printing,to perfect the indirect infringement system of China. Firstly,it brought the point that it is necessary and urgency to establish the indirect infringement system of patent law in China, which is mostly because of the challenge by 3D Print printing and the limitations of the existing legal regime.Secondly,with regard to build the indirect infringement patent system of China, the precondition of “being oriented by production an operation” should be keeped,and the existence of the direct infringement behavious is as the preconditions for the constituting the indirect patent infringement, in order to regulate the new patent infringement disputes; Lastly,with clearly and depth analysis of the various elements for the patent indirect infringement of China, it was suggested the introduction of the "safe harbor" principle of copyright law,to guard against the happened of the patent indirect infringement behaviour under the network environment, to guarantee the balance of interests between the obligee and the public.