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Indirect infringement of patent

Author: YaoJiWei
Tutor: XuXinLin
School: Fudan University
Course: Legal
Keywords: patent indirect infringement contributory infringement inducement of infringement composing element
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 81
Quote: 0
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Abstract

To establish the indirect infringement system of patent is for widely protecting the patentee’s profits. As we know, the protection scope of the patent is defined by the claims which is also the boundary for balancing the profits between the patentee and the social publics in the direct infringement of patent. But if the country doesn’t carry on rules or regulations to the patent indirect infringement, it is very hard to protect the profits of the patentee in fact. In justice practice, some people does not engage illegal activities related to the direct infringement of patent, he/it induces or helps others to infringe patents, this is also to do harm to the patentee. That is to say, It comes to be necessary to establish the indirect infringement system of patent. This can remedy the shortage of the existing patent infringement system and realize completely the value of the patent system. Because of the shortage of revelant provision, indirect infringement of pagtent is always treat as contributory infringement in our civil law. This is the limitation of our law. This also injured the rights of the patentee. So studying the indirect infringement of the patent is very important for us.It is expected that this thesis can be helpful to the Chinese legislation of the indirect infringement of patent.This thesis concludes more than 32,000 words, and it was divided into four chapters except the foreword and the epilogue. Chapter 1 focus on the summary statement of the patent indirect infringement system. In chapter 2, the author reviewed and analysed the rules and regulations of indirect infringement of patent in America, European Union and Japan. In chapter 3, the author illustrated the current situation about patent indirect infringement in China. In the last chapter, the author designed the patent indirect infringement system in the future in China.

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