| 抄録 |
As a result of the 2002 Revision of the Patent Law, it was made clear that the invention of a computer program is deemed as an invention of a product (or tangible article) and that the acts of pro-viding programs via telecommunication networks is deemed as a working of an invention. Further, the provisions setting forth the indirect infringement were revised in the direction to ease the standard for judging the establishment of an indirect infringement. The purpose of this paper is to summarize the discussion made by the Software Committee regarding the matters to be noted, from the standpoint of an enterprise, in respect of indirect infringement, taking account of the fact that the working of a com-puter program closely relates to the eased standard for the establishment of indirect infringement. The Software Committee further conducted a case study by assuming different types of networking sys-tems as the model cases of indirect infringement, and examined in detail how the court decisions would differ before and after the revision of the Patent Law. Then, the provisions for indirect in-fringement and the noticeable court decisions made overseas are introduced. |
