Legal Regime of Indirect Patent Infringement: A Comparative Study

• Main Authors: Najafi Hamed, Badini Hasan
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2017-04-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Indirect Infringement; Patent; contributory infringement; fault
• Online Access: http://jplr.atu.ac.ir/article_7401_a53825f200e222638a7b5ce6731f6864.pdf

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.