نوع مقاله : مقاله پژوهشی
نویسنده
دکتر در حقوق خصوصی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Infringement of the invention is the violation to the patent of the owner the patent, and occurs when person, alone, uses all of its claims. advancement of technology has led to specific type of patent infringement that is known in US law as joint, distributed, or divided infringement. In US judicial procedures, there are certain challenges in relation to finding of joint infringement. American courts have used various criteria to address this problem; agency, some connection, joint action, control or direction and enducement-only, are tests that courts have been used., it seems that, the main criterion in the us is "finding existence of relationship", which appears in the form of different criteria. In Iranian law, due to the absence of single entity rule, joint infringement the invention is under the rule of case of civil and criminal aggregation of cause and perpetrator, and can be said that will end such challenges by implementing principle of liability of the perpetrator. This issue is considered to be the advantage of Iranian law toward the United States. In this study, attempts to explain the concept of joint infringement, to analyze US legal standards in this regard, and to clarify the position of Iran.
کلیدواژهها [English]
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