What is the determination of indirect patent infringement in judicial practice
my country's current "Patent The Law does not explicitly stipulate the constitution and liability for indirect patent infringement.
If two or more people jointly infringe the patents of others, they shall Bear joint and several liability; those who instigate or help others commit patent infringement are joint infringers and should also bear civil liability.
"Patent Law" Article 66 Patent If the right owner or interested party has evidence to prove that others are committing or about to commit acts that infringe on patent rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, they may apply to the People's Court for an order to stop the relevant actions before filing a lawsuit. behavioral measures.
When applying, the applicant shall provide a guarantee; If no guarantee is provided, the application will be rejected.
The people's court shall make a ruling within 48 hours from the time of accepting the application; if there are special circumstances that require an extension, it may be extended for 48 hours. If the ruling orders the cessation of relevant conduct, it shall be implemented immediately. The parties concerned shall If you are dissatisfied with the ruling, you may apply for reconsideration once; the execution of the ruling will not be suspended during the review period.
If the applicant does not file a lawsuit within fifteen days from the date when the People's Court takes measures ordering the cessation of relevant conduct, the People's Court shall terminate the measures.
If there is an error in the application, the applicant shall compensate the respondent for the losses suffered due to the cessation of relevant activities.
Of course, for the sake of greater protection for the patentee , relevant exception provisions can be formulated when formulating relevant laws. Based on this exception legal provision, the patentee will enjoy exception rights in law. In this exceptional situation, the occurrence of direct patent infringement does not need to be indirect patent infringement. A constituent element for the establishment of infringement.
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