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Analysis on the Civil Liability of Patent Agency

Author: GeXiaoMei
Tutor: JiaDengXun
School: Lanzhou University
Course: Legal
Keywords: Patent application Patent Agent Patent agent behavior Civil liability
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


With the booming of our intellectual property , patent agency industry thrive , some violations of the legitimate rights and interests of the applicant 's agent acts also will emerge, the patent agent in people's minds the glorious image of \seriously affect the patent agency industry is facing a crisis of confidence . This paper based on the basic theory of the civil law , focusing on the special status of patent agents , patent agency practice is the basis of civil law theory , legislative experience and learn from the same industry lawyers liability , in accordance with the relevant provisions of the current law , explore the patent agent process patent agent shall be the principal civil liability . The text is divided into five parts : the first part of a comprehensive introduction to Wang Yugang v. Shanghai Baoding patent agent Co. case , and made the focus of controversy in this case leads to solve the main problem . The second part from the occupational characteristics of patent agents , social functions , the parse the Civil Liability for patent agent behavior characteristics and patent agent behavior characteristics that the main responsibility of the actors of the civil liability of the patent agent behavior is inconsistent , it is wrong to the nature of the responsibilities , and has the responsibility of experts . The third part of the analysis of the legal nature of the patent agent behavior civil liability : liability for breach of that said and tort liability . And put forward my point of view is that professional liability . The fourth part is the analysis of the focus of the dispute in this case , the patent agent professional duty of care to fulfill criteria : usually can reach the level of ordinary skill in the industry , \view Disclaimer reasons . The fifth part of the problem for the case study , proposed the establishment of a patent agent behavior to civil liability expert responsibility identification system , and put forward relevant proposals to strengthen the industry self-regulation and the establishment of a patent agent occupational risk fund and liability insurance system .

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