3D打印沖擊下專利間接侵權制度研究

3-D Printing Implications of Patent Indirect Infringement

近20多年來，3D打印技術的迅猛發展及其打印成本的不斷下降，使其漸漸開始融入到人們的日常生活之中。在網絡時代背景下，3D數據文件作為侵權客體的“關鍵部件”，能夠通過網絡共享迅速地傳播，將給現有的專利侵權制度帶來一場變革。3D打印模式下專利侵權呈現出“版權化”趨勢，使現有專利侵權制度中共同侵權的實用性嚴重“萎縮”，而借鑒幫助侵權、代位侵權也並非長遠之計。所以，面對專利侵權“新模式”，歸根結底還是專利間接侵權制度的構建問題。與此同時，借鑒美國《數字千年版權法》也是應對沖擊的策略之一。

Over the past 20 years, fast developments within the 3-D printing technology has led to a dramatic decrease in its cost, which has led the technology quickly become a common part of our life. With the vast dissemination of PC and the internet background, digital 3-D files, as essential means of patent-infringing actions, are made to spread through internet sharing, and cause a revolution towards the current patent regime. 3-D printing has caused a “copyright-like” mode of patent infringement, which substantially reduces the applicability of joint infringement, while contributory infringement and vicarious infringement could not be considered the best options for regulating the said problem. Therefore, as the new mode of patent infringement arises, it is the introduction of indirect infringement regime that needs consideration after all. Meanwhile, using DMCA of the United States is also an option to sort out the new threat to the patent system.