Subject Identification of Patent Infringement and Responsibility Division in ODM
Original Design Manufacture(ODM)is a common method in the manufacturing industry,and patent infringement disputes in this field have become more frequent.Thus,there are several significant controversies regarding subject identification of patent infringement and their responsibility distinction.Based on 50 typical cases in the past decade,and in conjunction with patent law,civil law contracts,and tort principles,this study employs methods of legal hermeneutics and legal economics to conduct the investigation.It is found that in the ODM model,the subject of patent infringement should be the party with"direct control"over the production process of the infringing product.The assumption of infringement liability should be based on clarifying the legal relationships between both parties in the ODM agreement,and each party should bear joint or several liabilities according to their respective faults.
ODMcontract for worksubject for infringementjoint tort without conscious connection
万方数据
维普
