[Article / European patents] Pitfalls of contributory infringement

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Article information

Article type: Publication review

Display and classification checked: 2026-09-30

Categories: Europe

Topics: Extraterritorial application / Indirect infringement / International jurisdiction

Published on this website: 2026-09-29

[Article / European patents] Pitfalls of contributory infringement

(Vincenzo Jandoli, AIPPI Vol. 71, No. 3)

Where components sold in its own country by a company outside Europe (e.g., China) are later incorporated into finished products that infringe a patent in Europe (e.g., Italy), this may constitute "contributory infringement."

For example, Italian law, based on the criminal-law concept of complicity, provides for joint and several liability for a person who contributed to another's patent infringement, subject to awareness of illegality. As to jurisdiction, Italian courts, as courts of the place where damage occurred, may have jurisdiction. Even if components are delivered outside the region, a supplier that recognizes Europe as their final destination may be sued locally under the Italy–China agreement, EU case law, etc.

The requirements for indirect infringement are that the supplied components are essential to working the patented invention and that the contributor knows the infringing purpose and destination. If supply continues after the supplier has become aware of infringement through a warning letter from the patent holder, this requirement is met.

Procedurally, it is not necessary to join the European company that is the direct infringer as a co-defendant; the component supplier outside the region may also be sued alone.

In conclusion, even if a transaction is completed outside Europe, a company outside the region cannot escape legal liability if it is aware of patent infringement and the final destination.

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「Ａ.Ｉ.Ｐ.Ｐ.Ｉ.（月報）」（ Vol. ７１ No.３）を発行しました — aippi.or.jp

Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510139090533642241/

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Updates and corrections

This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.

2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.

2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.

2026-10-01 | Name notation: applied the Roman-letter personal-name spellings supplied by Hideki Takaishi to this English article and its navigation. No change to legal analysis or original publication date.

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