On Indirect Patent Infringement

With the development of the socio-economic，more economic benefits arebrought about by the transformation of scientific and technological achievements,morepeople are keen to pursue science and technology.Taking into account the increases ofresearch cost and development risk, economic man for the pursuit of economic interestsof the primitive instinct rush into danger infringement of patent. For legal costconsiderations, which have high hidden tort large part to avoid legal sanctions.Thenthey shift from direct infringement indirect infringement to obtain illegitimate economicinterests. Indirect patent infringement refering to the act itself does not directly infringethe patent,deliberately instigated,encouraged,lured patent infringementothers.Perpetrator subjective deliberate patent infringement exists, the objective toprovide the necessary conditions for the occurrence of violations of others. With therapid development of international trade and economic, scientific and culturalexchanges, in order to better maintain the international competitiveness of China,China’s intellectual property law in the relevant fields were modified accordingly. Dueto the lack of defects, patent protection within the current system of frequent andindirect patent infringement cases related field theory and legislation more obvious. Inorder to better protect the interests of patent holders and the general public, our urgentneed to build a system of indirect infringement in line with our national conditions.