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Indirect infringement of the patent system

Author: ZhouRuQing
Tutor: WangLianFeng
School: East China University of Political Science
Course: Legal
Keywords: Patent Indirect Infringement Direct infringement Contributory infringement
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 128
Quote: 1
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Abstract


Indirect Infringement of Patents from the United States, in order to compensate for the traditional criteria for patent infringement inadequate patent protection established, the scope of patent protection extended to a limited degree of generic products, can improve the level of patent protection, and better safeguard the interests of patent holders. China's \But indiscriminate uniformly applicable provisions of joint infringement can not solve the problem, but has brought many negative effects, leading to the referee scales are different, difficult to guarantee justice. To balance the public and the interests of patent holders and also to solve the problem of judicial unity with the international community, our country is necessary to construct an indirect patent infringement legal systems. This article is committed to indirect infringement of patent-related legal issues discussed, and some of China's national conditions to meet indirect infringement of the patent regime. To this end, the author of four most discussed: the first part, by the real-life case raises three problems to be solved. Through analysis and comparison, and do case summary, as reflected in a number of cases raised contentious issues. The second part, first explore indirect infringement of the patent system, legislative and judicial situation, pointed out that China's existing laws will not solve real-life problems that occur in indirect infringement, and then from the domestic needs and building a harmonious society development followed the international trend Construction of two angles demonstrate the necessity of the patent system for indirect infringement. The third part of the country on the concept of indirect infringement of the patent has been cited illustrate various points of view, a clear indirect infringement characteristics, namely relative independence, hidden and indirect. In addition, in order to more clearly illustrate the problem to avoid conceptual confusion, the author of indirect patent infringement case against the two concepts are compared and analyzed to identify the links between them and the difference between the system of indirect infringement of patents related theories clarified. Part IV, Analysis of indirect patent infringement institutional framework, first discussed the indirect patent infringement two types, namely secondary infringement and lure infringement, and then discusses the indirect patent infringement constituent elements, such as the subjective element, elements of the object, the type of behavior and so on. Finally knot in real life cases occurred some aspects of civil liability proposed recommendations.

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