Research On Legal Regulation Of Indirect Patent Infringement

The principle of comprehensive coverage is the basic principle to be followed in the determination of patent infringement.For a long time,the indirect patent infringement legal regulation exists as a supplement to the principle.China's current regulations have regulated indirect patent infringement.Although the concept of“indirect patent infringement” has not been directly used,it has been used in both the description of legal documents and the application in judicial practice.Since China has long incorporated indirect patent infringement into the traditional joint infringement system similar to it,and the existing regulations are not clear and perfect,many problems in the judicial practice deviate from the purpose of the patent law system.It does not provide effective protection for the legitimate rights and interests of the patentee.By clarifying the basic concept of indirect patent infringement,grasping the overall idea of foreign indirect patent infringement legal regulation,taking the legislative content and judicial practice of indirect patent infringement legal regulation rules as the research object,on the basis of comprehensive evaluation,this article proposes improvement suggestions for the application indirect patent infringement legal regulation in China,in order to provide useful reference for the improvement of China's indirect patent infringement legal regulation.This article consists of three parts: the introduction,specific chapters,and conclusions.The specific chapters are divided into the following four chapters.The first chapter is the definition of the basic concept of indirect patent infringement.As the basis of the research on indirect patent infringement legal regulation,firstly explain the concept of indirect patent infringement,and then introduce the type of behavior and its relationship with related legal behavior.Finally,this chapter defines the scope of contributory infringement and inducing infringement,and gets a general definition.For the relationship between indirect patent infringement and direct infringement,indirect patent infringement and joint infringement,the existing doctrines are introduced respectively.Through the classification of basic concepts and various viewpoints,it provides a theoretical basis for the follow-up comparison of foreign legislation and discussion on related concepts and understanding of China's indirect patent infringement legal regulation.The second chapter introduces and evaluates the rules of China's indirectinfringement of patents,which are divided into two parts: legislative position and judicial tendency.In the legislative position of China's indirect patent infringement legal regulation,this chapter introduces the indirect patent infringement legal regulation from the two dimensions,that is,legislative process and legislative status,substantive law and procedural law.In the judicial tendency of China's indirect patent infringement legal regulation,this chapter sorts out 31 relevant cases of judicial indirect infringement legal regulation in China,focusing on the judgment reasons of different cases and the difference of judgment results.Through the collation and interpretation of the relevant rules of indirect infringement of patents in China,this chapter evaluates the rules of China's indirect infringement of patents,and summarizes the contents that need to be improved.The third chapter is a comparative study of the indirect patent infringement legal regulation in the United States,Japan and Germany.Taking the type of indirect patent infringement and the relationship with related legal behavior as the starting point,sorting out the existing regulations and theoretical disputes of each country,and returning to the overall evaluation of the system on the basis of the discussion on the points,this chapter carries out the analysis on flexibility of the indirect patent infringement legal regulation in each country to grasp the position and attitude of regulating indirect patent infringement.The fourth chapter is the improvement suggestions for the indirect patent infringement legal regulation in China.In view of the problems existing in China's indirect patent infringement legal regulation and judicial practice,this chapter clearly defines the entire legal regulation framework by linking academic viewpoints,judicial practice status and foreign related systems,and re-understands the application of the law.Under the existing legal framework of China,this chapter puts forward improvement suggestions on the types of behavior,content of behavior and relationship with related legal behavior of indirect patent infringement.For example,the concept of “indirect patent infringement” needs to be confirmed at the legislative level,and the relationship between two different types of indirect patent infringement and direct patent infringement should be applied to different standards,etc.