专利善意侵权的二元归责论研究

On the Dual Liability Imputation system of Patent Innocent Infringement

专利善意侵权制度最早是从2000年修法时确立,历经十几年的司法实践已被广大从业人员所接受。在制度层面上,专利法、专利法实施细则以及最高人民法院关于审理专利侵权案件的司法解释等文件中对其均有规范,足见其实践重要性。然而,关于善意侵权行为的责任承担问题,理论和实务界一直存在争议,无过错责任原则和过错责任原则的如何适用是主要争议点。本文对专利善意侵权的构成要件具体剖析,针对该侵权行为多重责任承担的问题提出了二元归责论,以期解决其中复杂的归责问题。

When the patent law was updated and amended in 2000, the Innocent Infringement System was established for the first time, After more than ten years＂ legal practice, the Innocent Infringement System had been accepted by the majority of legal workers. The Interpretation （II） of the Supreme People＇s Court on Several Issues concerning the Application of Law in the Trial of＇ Patent Infringement Dispute Cases ＂Interpretation （II）＂ also has a special section in order to explain the system, which fortifies its importance. However, there has been a controversy in the theory and practice about the problem of the responsibility for the damage of patent innocent infringement. The principle of no fault liability and the principle of fault liability are the most important factors. According to its origins and evolution of the legislation, this article analyzes the theoretical intention of the statutes, pointing out its new contribution to the enrichment and development of the legal practice. Moreover, the dual imputative principle is to be introduced by combing through the existing views on the attribution of responsibility.