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Estatística
Título: CONTRIBUTORY PATENT INFRINGEMENT: INJUNCTION AND LIABILITY
Autor: ISABELLA RODRIGUES BONISOLO
Colaborador(es): PEDRO MARCOS NUNES BARBOSA - Orientador
Catalogação: 12/MAI/2025 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70395&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70395&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.70395
Resumo:
when an actor - who does not directly control the (actual or potential) act of reproducing a patented technology - supplies a material component that necessarily enables such reproduction by a direct infringer. Foundational concepts of the patent system are presented, along with the scarce Brazilian legal literature on contributory infringement in the state of the art, which reflects the rules of U.S. law. The analysis questions whether the contributory infringement requirements - borrowed from the U.S. Patent Act and case law - have legal grounding within the Brazilian legal system. To this end, the study relies on established legal premises from Criminal Law and Constitutional Civil Law, such as the role of accomplice to a crime and the theories of causation under Tort Law. These concepts allow for analogies that support the legal basis of some of those requirements. From the Brazilian Industrial Property Law, the Unitary Theory is derived, which establishes that patent infringement constitutes a single unlawful act, even when committed by multiple infringing parties. In such cases, the causes (triggering events) may include at least one (potential or actual) direct infringer and one indirect infringer, all of whom are jointly liable for the damages caused to the patent holder, under the regime of joint and several liability. This plurality of subjects follows the Minimum Accessorial Theory, which is supported by the fact that Article 185 of the Brazilian Industrial Property Law establishes an abstract danger offense. This means that the mere potential risk of direct patent infringement is sufficient to characterize contributory infringement. Furthermore, the Brazilian Industrial Property Law does not distinguish between direct and indirect infringers in determining the an debeatur - both are subject to strict liability. The research also identifies the requirements of necessity and objective utility/instrumentality for establishing contributory infringement under Article 185 of the Brazilian Industrial Property Law, based on the Theories of Adequate Causation, Direct and Immediate Damage, and Objective Imputation. However, the open clause on contribution set forth in Article 42, paragraph 1, of the Brazilian Industrial Property Law expands the scope of protection granted to the patent holder to encompass other situations. These will depend on a complementary factual context, such as inducement to infringement, unfair competition, or other unlawful conduct.
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