Delegates yesterday passed a Resolution recommending that all jurisdictions adopt rules on contributory infringement. The Resolution builds on previous AIPPI work on patents, by addressing other IP rights such as trade marks and copyright, but does not cover issues arising from the internet.
It stated that the principles and remedies for establishing contributory infringement should generally be the same for all types of IP right. The delegates agreed that the principles should be harmonised and should include that the means supplied related to “a substantial element of the subject matter” of the protected right; that the means are for an infringing use and that “the suitability and intended use were known to the supplier or obvious under the circumstances”.
Delegates rejected a Canadian proposal to add a fourth, negative, condition covering staple products that do not have a substantial noninfringing use.
The Resolution said that injunctive relief should be available against contributory infringement not only if infringement is committed but also “if such actual infringement is likely to occur”.
at the AIPPI conference in Boston, 2008