중국에서의 특허권 간접침해 이론에 대한 고찰

The Theory and Judical Practices of Indirect Infringement in China

Generally, in China, indirect infringement of patent means that there is not direct relation between the behaviors and damage but the behaviors induced or helped the direct infringement upon patent right, thus the person who induced or helped the direct infringement should undertake the responsibility. However, there are no provisions on the indirect infringement in the China's patent law, and it makes the meaning and coverage of the indirect infringement unclear sometimes, unlike the other countries including Korea which has provisions of the indirect infringement in their patent law. This article introduces the theories and judical practices of indirect infringement in China, for example, Beijing People's Court's point of view and the relationship between the indirect infringement and the joint infringement.