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System of indirect patent infringement

Author: HeXingYuan
Tutor: MaZhongFa
School: Fudan University
Course: Legal
Keywords: patent indirect infringement all elements principle independent claim separation
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 39
Quote: 0
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Abstract


With the advancement and development of new technology, the means of patent infringement become diversification. It is hard to determine whether an action is an infringement of the patent right or not. The courts consider patent infringement cases as one of the most difficult problems during their practice. The China Patent Law only includes rules controlling direct infringement system. However, the indirect infringement of system in China is not perfect enough to protect the rights of patentee. The necessity for our country to establish the system of patent indirect infringement is more and more obvious.Based on the current patent infringement system, the system of patent direct infringement and the all elements principle are introduced firstly in the article. Secondly, after analyze the limitations of all elements principle and joint tort, it comes the results that it is necessary and urgent to build the patent indirect infringement system.Firstly, the origin and the historical development of the system of patent indirect infringement are indicated. After comparing different understanding of concept of indirect infringement, the article holds the opinion that, the patent indirect infringement is an act that without the permit of patentee, produce、sale、offer to sale or import the parts of feature or use the process of feature for purpose of produce. These kinds of acts can probably introduce direct infringement.Description on the relationship between the doctrine of direct infringement and indirect infringement are presented. The system of patent indirect infringement can connect with the system of patent direct infringement.At the end of article, by using the way of dividing independent claim, the author finds a way to determine the indirect infringement.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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