Analysis of Infringement of Patented Products by Original Equipment Manufacture Based on Judicial Practice Cases
[Purposes]The current patent law and judicial interpretations of the Original Equipment Manu-facture(OEM)of patented products for the infringement of the determination of the patent law is not yet clear while the theory and judicial practice of the theory and judicial practice of this is not agreed,so it is necessary to study the connotation of the patent law in the sense of the manufacture of the act and in the OEM of patented products scenarios of the definition of the responsibility of the problem.[Methods]This article combines judicial cases to distinguish between the act of physically presenting the design or tech-nical program through its own product processing,and the act of providing the design or technical pro-gram to others for product processing,in order to clarify the determination of manufacturing behavior un-der different circumstances.[Findings]In the scenario of entrusted processing of patented products,judg-ing whether it constitutes a manufacturing act based on the source of the design scheme or technical scheme is as follows:if the entrusted party is responsible for the design scheme or technical scheme on its own,then the entrusted party is the manufacturer of the product;if the entrusting party provides the design scheme or technical scheme,and the entrusted party processes the product"according to the drawings",then the judgment is that the commissioning party and the entrusted party constitute a joint manufacturing behavior;if the commissioner cooperates with the entrusted party in determining the de-sign or technical solution,the commissioner will distinguish between different implementation meanings of the infringing solution to determine whether it constitutes an act of joint manufacture.[Conclusions]In the first case,the entrusted party does not constitute manufacturing infringement,and only constitutes the purchase behavior corresponding to the sales behavior of the entrusted party;in the second case,if the product infringes on the patent right of another person,the entrusted party shall be jointly liable with the entrusted party;in the third case,if the principal has an affirmative intent to carry out the infringing program,the manufacturing liability is shared with the fiduciary,and vice versa,the fiduciary is solely li-able for the manufacturing.
OEMdesign programtechnical programmeaning of implementationassumption of respon-sibility
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