Discussion on the Liability of Patent Indirect Infringement on the Network Trading Platform

DOI

10.2991/iccessh-19.2019.401How to use a DOI?

Keywords

patent indirect infringement; subjective aspects; duty of care; notification and removal rules

Abstract

In the face of judicial practice, many criminals use online trading platforms to infringe patent rights, and there are differences in applying common infringement or indirect infringement. The author believes that such cases do not meet the applicable conditions of joint infringement and should apply indirect infringement. The key to the identification of patent indirect infringement liability of online trading platform lies in its subjective aspect. The connotation of its fault is not only fault, but also includes negligence. For the online trading platform, therefore, the notice and removal rules cannot be directly transplanted into the field of patent law, and should be applied to it.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xiaodong Wu
PY  - 2019/07
DA  - 2019/07
TI  - Discussion on the Liability of Patent Indirect Infringement on the Network Trading Platform
BT  - Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)
PB  - Atlantis Press
SP  - 1870
EP  - 1874
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-19.2019.401
DO  - 10.2991/iccessh-19.2019.401
ID  - Wu2019/07
ER  -