The Research on Typology of Patent Infringement
| Autor: | Chung-Bao Wang, 王清波 |
|---|---|
| Rok vydání: | 2010 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 98 There are two categories of patent infringement: direct infringement and indirect infringement. Legislation in most major countries in the world pay more attention to the direct infringement, only some countries highlighted the importance of indirect infringement legislation. Among them, the U.S. is the first country that establish indirect infringement legislation. Base on US indirect infringement legislation, Japan, Germany and other countries established their own systems according to their national conditions and needs. This thesis argues that national legislation should take local industrial advancement into consideration while promulgating indirect infringement acts. Three different types of patents: invention patent, new model patent and new design patent, and corresponding direct infringement determination are introduce in Chapter 2. The difference of the patent infringement determination standards of invention and new design between Taiwan and the United States is addressed in subsequent paragraphs. The patent litigation of direct infringement is compared between Taiwan and the United States in Chapter 3. Issue points and theoretical basis for the dispute cases based on "All element rules", "Doctrine of equivalent" and "Estoppel" are illustrated to clarify arguments leading to conclusion of this thesis. Indirect infringement in the statute and in the patent practice of the United States, Japan, and Germany is discussed in Chapter 4. The United States covered induce infringement, contributory infringement and extraterritoriality while Japan covered only contributory infringement and Germany covered only induce infringement and contributory infringement. This chapter ends up with discussing Taiwan''s amendment draft of indirect infringement and the different views of the issue, we summed up Taiwan''s future direction of legal amendments. In conclusion, suggestion toward legal amendments based on practices in US, Japan and German are given. Industrial implications are also addressed in order to achieve win-win objectives. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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