Infringement Of Intellectual Property Rights

There are two important issues in intellectual property rights protection system: creation or acquisition of the rights of intellectual property; and the enforcement of the intellectual property rights. The first issue relates to the questions on who can obtain the IP rights, what are the conditions to get the IP rights, how can the rights be obtained, and what are the restrictions of the IP right. They are questions concerning the parties for holding the rights, the objects of the rights, the contents of the rights, the application and registration and the examination in order to obtain the rights. The second issue relates to the questions on how the owners of the IP rights enforce and protect themselves according to the laws. All aspects of the IP protection system have close relationship with these two core issues. In the issues, the second one causes many attentions among people. This article relates to the subject matters of the infringement of IP rights, and will study and analyze the concept of IP rights, the scope of the IP rights, the theory of infringement in civil law, the types of the IP right infringement and the judgment of the infringement of IP rights.The theory of infringement in the civil law is the basis for studying the IP rights infringement issues. The special features of the IP rights bring about some new questions on the basis. Aiming at the features, the definition of infringement act, the principle for determining the liability of the infringement and indispensable factors of infringement in the traditional civil law theory need to be adjusted accordingly. When studying the IP infringement matters, the principle of "non-neglect or intent" liability should be an important one because its application may effectively deter the IP infringement acts and protect the IP rights. Trips of WPO has made and legislation example for this and the Chinese laws have confirmed this recently in principle although without clear clauses in the related laws. In the field of IP infringement, because of the special features therein, there is no commonly applicable liability principle and there is no-commonly applicable indispensable factors of infringement.The first question of patent infringement is the protection scope of the patent rights,. The patent claims should be interpreted eclectically. The second question of patent infringement is the doctrine of equivalent. When applying this doctrine, the extent should no be expended too large, nor compressed too narrow. The essential factors for the doctrine are "substantial equal means, substantial equal functions, substantial equal results and without creative efforts by the one skilled in the art". The other issues include the doctrine of estoppels and the "contribution infringement".The main purpose of the trademark protection system is to prevent and deter the confusion. Therefore the starting point for judgment of the trademark infringement ispreventing and deterring the confusion. Good trademark protection system could do this effectively. The scope of the trademark right protection is determined based on the criterion for the confusion. The criterion of judging the confusion is a matter of the extent or the height of the level of the IP protection for a country. The responsibility of the legislators is to make out "easy-to-operate" regulations take into consideration the public interests, the height of the level of the economic situation of the county, the extension of the education and civilization of the mass and the international factors. The judges should balance the interests of the consumers, the producers, the sellers and the society to determine the question of the confusion based on the existing laws and in the direction of the current policy of the country. The other important problem for trademark right infringement study is "well-known trademark" registration and protection.The first step for the study of copyright infringement is the object of the copyright law. The second step of the study of copyright infringement is dete...