How to determine the subjective and intentional behavior of indirect trademark infringement

In practice, many of us may be exposed to issues such as how to determine the subjective intentional behavior of indirect trademark infringement. However, because we do not know much about this, many things are not very clear. Regarding this issue, next, the editor of Legal Savior Network has compiled some relevant information and will let you know about five ways to determine the subjective and intentional behavior of indirect trademark infringement.

How to determine subjective intentional behavior of indirect trademark infringement

(1) Intentional sale, promise to sell, and import can only Key components used for patented products, or molds specifically used for patented products, or machinery and equipment or intermediate materials specifically used to implement patented methods;

(2) License others to implement patented technology without authorization or entrustment from the patentee;

(3) The licensee of the patent license contract violates the "no transfer" clause in the contract sans-serif;

(4) The co-owner of the patent right licenses a third party to implement the patented technology without the consent of other co-owners;

(5) The trustee of a technical service contract uses the patented technology without the permission of the patentee when the client solves a specific technical problem;

(6) Others.

As we all know, direct infringement can be manufacturing, selling , promising to sell, use, import and other behaviors. However, the situation is different for indirect infringement.

First, the object of indirect infringement is a This is an “article”, that is, the indirect infringement should be the intentional provision of related articles for others to implement the patented invention.

Second, this "item" is limited to Exclusive goods, not shared goods. That is to say, the object of an actor's infringement can only be key components used to implement other people's products, or intermediate products of process patents, which form part of the implementation of other people's patented technology (products or methods) and have no other uses.

Third, indirect patent infringement does not include manufacturing and use, but only includes sales, offers for sale, imports, etc. This is determined by the nature of indirect infringement. As mentioned above, indirect infringement is the intentional provision of related items for others to implement a patent. The provided items themselves are not protected by patent rights. Therefore, to constitute indirect infringement, there must be an act of supply or sale.

If the relevant items are only manufactured, they have not been If a direct infringer is provided or sold, there will be no connection with the implementation of the patented technology, and it is impossible to draw the conclusion that others will infringe the patent rights. Of course, if the object in question is manufactured for the purpose ofIf you use it yourself, you have no intention of providing or selling it to direct infringers, let alone indirect infringement.

Fourth, indirectly infringed patents can be It is a product patent or a method patent. For a product patent, indirect infringement manifests itself in the provision, sale or import of raw materials and other components used to manufacture the patented product; for a process patent, indirect infringement manifests itself in the provision, sale or import of raw materials and components used to manufacture the patented product. on the behavior of materials, devices and special equipment used to implement the method.

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