共同侵犯专利权的认定及责任

The Determination and Liability of Joint Infringement of Patent Rights

专利法中的共同侵权就是数个民事主体共同实施的侵犯他人专利权的行为,它具有侵权主体复数性、侵权行为整体性、侵权客体单一性、损害后果共同性和行为性质可转化性的特点。共同侵犯专利权应当承担共同侵权责任,共同侵权责任不限于连带责任,连带责任通常仅适用于损害赔偿责任。替代责任不是共同侵权责任,但其在侵犯专利权诉讼中应当有更大的适用空间。

The joint infringement in patent law means the acts conducted by several civil subjects jointly which have infringed other＇s patent rights. The join infringement has the features of multiple parties of the infringing subjects, the integrity of the infringing acts, the unity of the infringing object, the joint damage of the infringement consequence and the transferability of the nature of the acts. Joint infiingement liability shall be pursued for the joint infiingement acts. Joint infi＇ingement liability is not limited to several liability. Several liability generally applies to damage compensation liability. Vicarious liability is not joint infringement liability, but it should be applied in larger space in patent infi-ingement lawsuits.