Research On Responsibilities Of Innocent Infringement Of Patent Infringement

With the development of Knowledge-based economy,pepole’s patent protecion consciousness enhancement,the patent strategy cause more and more attention of every country of the world.There is no doubt that patent system is aiming to prompt technological advancement and the development of economy,but because of the lag of the law.patent infringement despite repeated prohiitions.It is not only the patent holder infringe upon the lawful rights and interests,but also disrupts the normal social economic order.China’s Patent Law was first enacted in1984,and in the next three patent law to modify,maintain,it disrupt the normal social economic order,and constantly improve our legislation,and the infringer shall bear criminal liability legal system.But the content about innocent infringement is also few.The direct provision of innocent infringement is the2008Patent Law,70th:Whoever uses or sells a patented product without knowing that the product was produced and sold without permission of the patentee or a product directly obtained from a patented process for the purpose of production and business operation is not required to bear the liabilities for compensation provided that it or he can prove that the product is obtained from a legal source.This paper is divided into four parts, first from case of "TETUIKE", issue of them briefly. The second part is the analysis of the law of disputed cases. The third part analyzes the typical legal regulation of the existing world. And the last part discuss how to perfect the legal regulation of China’s patent on innocent infringement,provide a reference for our country under the patent law revision.