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掲載巻(発行年) / 号 / 頁	6巻(2006年) / 2号 / 1頁
論文区分	論説
論文名	Study on Revisions Regarding Indirect Infringement
著者	特許第2委員会
抄録	Due to 2002 revisions of the Patent Law, indirect infringement provisions (Section 101 of the Patent Law) were revised (so that non-exclusive parts, of which protection has been regarded as insufficient in the past, can be subject to indirect infringement). Three years have passed since the enforcement of the law, and several judgments have been made on the cases in which the application of the revised indirect infringement provisions was disputed. It is important to analyze judicial precedents, as it is expected that there will be increasing cases in which the revised indirect infringement provisions are disputed in the future. This report examines points to keep in mind relating to the revised indirect infringement provisions through analysis of court judgments regarding the requirements for indirect infringement in judicial precedents in which newly established indirect infringement provisions (Section 101(ii) or (ii) of the Patent Law) were disputed. In addition, this report also verifies whether or not the provisions established to prevent the unreasonable broadening of the effect of patent rights are functioning as “brakes.”

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