试论专利间接侵权的独立性——兼评《专利法修订草案(送审稿)》第62条.pdfVIP

广西政法管理干部学院学报 JOURNAL OF GUANGXI ADMINISTRATIVE 第25 卷第2 期 Vol.25.No.2 2016年3 月 CADRE INSTITUTE OF POLmCS AND LAW M町.2016 Research on the Dependence of Indirect Infringement of Patent 一一-Review on Article 62 in Revised Draft of Patent Law CManuscript) XU Xiao-ying (East China University ofPolitical Science and Law, Shanghai 2(削钮， China) [Abstract] Article 62 in Revised Draft of Patent Law (Manuscript) provides that the premise of indirect infringement is that direct infringement occurs and indirect infringers bear joint liability with direct infringers. This stipulation should be questioned. Indirect infringement of patent originated from case law in America and has been introduced into various countries. The mainstream of different laws in these countries tends to support independent the。可 no matter in the law regulating two types of indirect infringement or the law deems contributory infringement as infringement. Besides, theoηof subordination cannot solve the issues under the circumstances of no- infringement and not being deemed as infringementωwell as without the aim of production and management. In addition, theory of subordination could be incorporated into theory of joint infringement which means that there is no need to regulate indirect infringement in another law again. In other words , indirect infringement of patent hωto be distinguished from joint infringement. Most countries in civil law system provides joint infringement while stipulates indirect infringement of patent. In the field of trademark law, new stipulations about independent indirect infringement of trademark has occuπed. The indep