A Study on Indirect Patent Infringement
Date Issued
2010
Date
2010
Author(s)
Yeh, Fang-Chun
Abstract
The patent law has long considered persons who encourage the unauthorized practice of another’s patented invention to have engaged in culpable conduct. Such individuals face liability for patent infringement if they never directly employ the patented invention themselves. The patent law terms this sort of conduct “indirect” infringement. The indirect infringement doctrines have codified into U.S, Germany and Japan patent statutes. However, for jurally disparity and the sociocultural distinction, there are different qualifications in these statutes.
The R.O.C. Patent Act does not cover the indirect infringement doctrines now. Because of different manners and customs in different countries, there are jurally disparities in those countries. While considering these issues and the foreign legislations, the R.O.C. Patent Act will be amended to incorporate the indirect infringement doctrines. Before amending the R.O.C. Patent Act, the patentee cloud seek remedies by applying Articles 184(I) and 185 of the R.O.C. Civil Code.
If the indirect infringement doctrines codify into the R.O.C. Patent Act in the future, Legislators could set different qualifications from the foreign legislations. For the promotion, protection and utilization of creations of invention in order to promote development of industry, the R.O.C. Patent Act should not directly define the relation between the indirect infringement and direct infringement. The present thesis recommends refer to Japan Patent Act by the reason why the direct patent infringement is not established for the basis to measure whether the alleged infringer should take infringement liability or not. For the subjective elements, it is recommended that only the alleged infringer have known of the patent and that the used of the component would constitute an infringement.
Subjects
R.O.C.
Patents
Indirect infringment
Contributory infringment
Active inducement.
Type
thesis
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