I. Nature of intellectual property rights
Second, the different characteristics of patent protection and trademark and copyright protection.
Three. Relevant international trends and their enlightenment
(1) Outline of Japan's Intellectual Property Strategy and Basic Law of Intellectual Property.
1. Creation of intellectual property rights
2. Protection of intellectual property rights
3. Application of intellectual property rights
4. Enrich the talent base
5. Organizational guarantee 1
(2) Report of the United States Federal Trade Commission
(3) Report of the British Intellectual Property Committee
(d) voices of developing countries
(5) Relevant enlightenment
Chapter I Infringement of Patent Right
Section 1 Effectiveness of Patent Right
Section 2 Patent Protection in Different Periods
First, the right of first use
(1) Overview
(b) Conditions for the first use right to appear
1. The source of the first technology
2. Geographical and time constraints of preemption.
3. Significance of implementation and necessary preparations for implementation
4. The influence of public preemptive behavior on the establishment of preemptive right.
(1) grace period of novelty and prior art
(2) The relationship between prior right defense and known technology defense.
(c) the scope of application of the right of first use
1. Scope of implementation behavior
2. Types of implementation behavior
3. Transfer and succession of prior rights
(D) the trend of international coordination of novelty grace period
1. Practice of grace period for novelty in various countries
2. International coordination of novelty grace period
3. Problems arising from coordination
(1) Procedural requirements for applying for novelty grace period
(2) the impact on the first use right
Two. Temporary protection of application for patent for invention
(a) The nature of the act of exploiting the invention during the temporary protection period.
(b) L. Limitation of action for disputes over temporary protection
(three) the scope of protection of temporary protection
Third, patent protection in other time periods.
Section 3 The meaning of patentee's permission
I. Overview
Second, the basic concept of the principle of patent exhaustion
Third, the domestic exhaustion of patent rights.
(A) the theory of patent exhaustion principle
(B) the practice of the United States
1. First sale is out.
(1) The theory of first-time sales exhaustion put forward by the US Supreme Court
(2) The restrictive conditions attached by the patentee when selling for the first time.
(3) The legal basis of the first sale exhaustion theory.
2. Default license
(1) Determine the conditions and burden of proof of the default license.
(2) How to judge whether a product has non-patented use?
(3) The legal basis of implied license theory.
(4) Example of Default License
3. Guiding manufacturing rights
4. "Plagiarism" and the principle of patent exhaustion
(1) Early American Cases
(2) Patent litigation between Intel and cyrix.
(3) Comments)
(three) the understanding and discussion of the relevant provisions of China's patent law
Fourth, the international exhaustion of patent rights.
(1) background
1. Reasons for parallel import
2.2. Before and after. TRIPS agreement)
(two) the main reasons for opposing and approving the international exhaustion of patent rights.
1. Basis and reasons for proceeding from international law
(1) Provisions on Article 4 bis of the Paris Convention
(2) The provisions of Article 28 of the 2)《TRIPS Agreement.
2. Basis and reasons for starting from other factors
(1) Whether the interests of the patentee are harmed.
(2) whether it will affect the public interest.
(3) Whether it is beneficial to global economic development.
(3) European Union's position on international exhaustion of patent rights
1. The principle of exhaustion of intellectual property rights in the European system.
2. European Court of Justice
3. Important precedents of the European Court of Justice on the principle of exhaustion of patent rights.
(1) Centrafann v Sterling
(2) Merckv。 Stephen case
(3) Eharnlonv。 Hext case
Merekv.perimecrown case
Step 4 comment
(d) Japan's position on the principle of international exhaustion of patent rights
(V) The position that China should take.
1. About the import of products
2. About product export
The fourth section aims at production and operation.
……
Section 5 Patent Implementation Behavior
Section 6 Patent Protection of Drugs
Chapter II Determination of the Scope of Patent Protection
Section 1 Historical Evolution of Europe
Section 2 Basic Conditions of the Subject of Claim
Section 3 Meaning of being bound by claims
Section 4 Interpretation of Claims
Chapter III Determination of Patent Infringement
Section 1 Judgment of the Same Tort
Section 2 Determination of Equivalent Infringement
Section 3 Principle of estoppel
Section 4 Defense of Known Technologies
Section 5 Indirect Infringement
Chapter IV Control of Patent Abuse
Section 1 Coordination between Competition and Patent Protection Mechanism)
Section II Introduction of Anti-monopoly Systems in Various Countries
Appendix People's Republic of China (PRC) Patent Law