On The Legitimacy Of The Patent Indirect Infringement System

With the development of society and economy,in order to hedge the principle of being founded patent infringement which needs the coverage of all technological characters of a patent,the behavior of indirectly stealing the benefits of patentee by supplying the material featured non-staples has frequently occurred.The article 21 of interpretation of the Supreme People's Court(two)which has gone into effect since 2016.4.has first stipulated the patent indirect infringement system.However,this provision has confused the relationship among indirect infringement and direct infringement and joint infringement,and has not broken through the limitation of joint infringement.Thus,it has essentially denied Patent indirect infringement system.On the basis of correctly defining the patent indirect infringement conduct,this paper will prove Patent indirect infringement system has the substantive legitimacy on ethics and economy and formal legitimacy.Finally,this paper will analyze its application in china.This paper has 6 parts.Chapter 1 is introduction.It includes the background,meaning,research status and methods.Chapter 2,on the basis of investigating the emergence and development of the patent indirect infringement system in the United States and its expansion in Japan,analyzes the social and economic background in its evolution: economic development,especially the great strength that science and technology have showed of promoting economic development.Chapter 3,on the basis of correctly defining the patent indirect infringement conduct and describing its features,analyzing its essence is stealing the value-added benefit of patent's material featured non-staple,which relies on the implementation of patent.Chapter 4,proving the patent indirect infringement system has substantial legitimacy from the aspects of ethics and economy.From the aspect of ethics,the value-added benefit of patent's material featured non-staple should belong to the patentee according to the labor value theory and personality right theory.But in reality,the value-added benefit is often invaded by indirect conductors.Considering of the value basis of the corrective justice and efficiency of tort law,the value-added benefit has the value basis of legal protection.Thus,indirect conductor's conduct is infringement.From the aspect of economy,patent indirect infringement system will bring about a lot of positive social effects,which is in accordance with the principle of utilitarianism.Chapter 5,proving Patent indirect infringement system has formal legitimacy from the aspect of the inner morality of law.The patent indirect infringement system can effectively protect the interests of the patentee,fill the legal loopholes,improve the rigor of law,will not violate the logical structure and basic principles of patent law,but also improve the patent infringement system,guarantee the inner morality of law.Chapter 6,on the basis of the legitimacy demonstration above,considering about the conditions of China,this paper will analyzes the application of the patent indirect infringement system in china.