The Improvement Of The System Of Indirect Patent Infringement In China

Patent infringement of non-patented products into the patent protection object,to enhance the protection of patentees at the same time,to a certain extent,monopolistic behavior will damage the interests of the public group.And thus since the date of its birth has caused the protection of the interests of patentees and the protection of public interest between the game.China is still a lack of patent infringement of the unified conclusion.In March 2016,the Supreme Law in the form of judicial interpretation of the provisions of the patent infringement of the handling of indirect views,has aroused great concern of our legal profession.Although the interpretation of the patent for indirect infringement of the type of behavior,constitute the elements.Liability,etc.,but the explanation is only to the patent infringement system provides a framework,and can not solve the legislative gaps,and in the judicial practice did not design the corresponding specific safeguards.On the basis of the existing laws in our country and the case of domestic judicial practice,this paper makes a detailed analysis of the indirect infringement of patent by referring to the relevant laws and regulations in foreign countries,and puts forward the relationship between the subject matter,the behavior way and the subjective elements The constituent elements of tort,and provide a reference for the establishment of separate articles in our country.This paper also puts forward some measures to improve the system from the aspects of standard liability,the establishment of professional court,the protection of different industries and so on.