| Summary: | 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.
|
|---|
