Legal Regime of Indirect Patent Infringement: A Comparative Study

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Badini Hasan; NAJAFI HAMED

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Journal: PRIVATE LAW Year:2017 | Volume:5 | Issue:18 Page(s): 9-42

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Information Journal Paper

Title

Legal Regime of Indirect Patent Infringement: A Comparative Study

Author(s)

Badini Hasan | NAJAFI HAMED | Issue Writer Certificate

Keywords

Indirect InfringementQ1

patentQ2

contributory infringementQ1

faultQ1

Abstract

According to the doctrine of Indirect Infringement, anyone who provides the causes of infringement or facilitate its occurrence will be liable for compensation for Indirect Infringement of patent rights, including contributory and inducing infringement. Civil liability arising from the Indirect Infringement, based on fault, is created if there is a direct infringement of the act or omission. There is no such entity in Iranian patent law, but by referring to some other laws, it could result in a sentence against the indirect infringer. However, if there is interest, the adoption of a specific rule is suggested in this field. Since Iran is a developing country, the authors of this paper believe that such an interest is not considered. The main questions posed in this article are: What are the requirements of the Indirect Infringement and what is the position of Iranian law in this respect? By conducting a comparative study under legal systems of generally developed countries and by placing a particular emphasis on the US Law and related case laws as the origin of this institution, this article discusses requirements of the Indirect Infringement and accordingly presents the position of Iranian law and appropriate proposals.

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APA: Copy

Badini, Hasan, & NAJAFI, HAMED. (2017). Legal Regime of Indirect Patent Infringement: A Comparative Study. PRIVATE LAW, 5(18 ), 9-42. SID. https://sid.ir/paper/252758/en

Vancouver: Copy

Badini Hasan, NAJAFI HAMED. Legal Regime of Indirect Patent Infringement: A Comparative Study. PRIVATE LAW[Internet]. 2017;5(18 ):9-42. Available from: https://sid.ir/paper/252758/en

IEEE: Copy

Hasan Badini, and HAMED NAJAFI, “Legal Regime of Indirect Patent Infringement: A Comparative Study,” PRIVATE LAW, vol. 5, no. 18 , pp. 9–42, 2017, [Online]. Available: https://sid.ir/paper/252758/en

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