On October 21, 2018, the Beijing Intellectual Property Law Research Association (hereinafter referred to as the "Research Association") held a seminar on the topic of “Determination of the Approximation of Trademarks and Malicious Cybersquatting of Trademarks” and “Constituents for Indirect Infringement of Patents”.
The discussion
section on “Constituents for Indirect Infringement of Patents” was
hosted by Mr. Andy Yang, the managing partner of the firm. Li Xiang, a
partner and patent attorney of the firm, gave a keynote speech on
indirect infringement of patents and shared views with example cases of
standard essential patent infringement. Based on analysis of the IWNCOMM
case, the Qihoo company vs Jiangmin case, the Akamai case, etc., it was
pointed out that from the balance of the patentee's interests and the
public interest, it is necessary to determine whether an indirect
infringement is established by analyzing whether each of the features of
the proposed technical solution exists, and whether the number of the
subjects of infringement is one or more. It was also pointed out that
the indirect patent infringement should not be based on the direct
infringement act, and that innovation shall be protected and encouraged.
More than 100 guests from national institutions, universities, law
firms, and enterprises attended the seminar. The seminar was supported
and co-organized by Beijing Wis & Weals Law Firm.