A responsabilidade civil do terceiro que contribui para a infração à titularidade da patente

Abstract

This dissertation tries to determine the civil liability of the patent contributory infringement in Brazil with inspiration of the civil-constitutional methodology. Therefore, use the civil liability of the third party, as well as a doctrine of the external protection of the credit, for an extraction of grounds and concrete of advance of the responsibility of the third party in contributory infringement. Another important source for the study took care of the foreign legislation, as well as the Argentine, Portuguese, Spanish, German and American legislation that regulate the theme in a meticulous way. Considering an obligation, as an expected standard of conduct, that the business agent knows the branch in which it operates, it responds in an objective way for the legal violation even if it is only contributed to the infraction. On the other hand, the non-business economic agent responds in a subjective way, and therefore, in order for a responsibility to be imposed, it must show proof of its fault in the offending conduct.