Study On Infringement Of Intellectual Property Rights And The Compensation For Damage

With the swift and violent development of science and technology, the content of economy and trade domain intellectual property right rises progressively, but because characteristic of intellectual property right is invisible, exclusive, regional. The phenomenon to encroach right in actual life is apt to happen. And with the economic development, progress of science and technology, encroach right is often seen among actual life, the case of encroaching right has the tendency to rise constantly. But because object of the intellectual property right is the intelligence achievement that have not the material form, its right range is relatively wide, the form of expression of encroaching right is complicated and various, give encroachment of right of it assert, which make it difficulty to assert encroachment of right and comfirm the compensate for losses. It is very important for the social development to set up unify or accurate intellectual property right encroaches right and asserts the standard and perfect compensation system.The encroaching of intellectual property right and compensation for damage is a great focus and difficult point in the theory circle and administration of justice of law science try at present .How to assert accurately fort he scholars, what is the standard? To the thing that how intellectual property right encroach right Is compensation for damage that is not there fault responsibility suitably? How is the volume concrete computing technology of compensation for damage? What is the principle of legal compensation? There is much differences about what factors should be considered in legal compensation, it is benevolence person that see benevolence, the wise meet intelligently really, have not formed the ordinary common understanding far. This text uses law science methods, such as purpose analysis, comparative analysis and economic analysis, etc. synthetically, have carried on the concrete discussion to above-mentioned problems one by one. Except that foreword and conclude the speech, the text is divided into four partsFirst part: Have originally studied and analysed encroaching right and subscribed question of the intellectual property right mainly partly, touch upon knowledge intellectual property right right range, encroach right kind and issue of asserting the method etc. I think I study the kind which should be studied the patent right first in patent infringement and protection domain. Should explain the range of the claim to sureness of protection domain its by way of trading off, but not adopt the narrower perimeter to limit the principle and wider centre to limit the principle. As to trade mark privileges, the basic point of departure of its protection system is preventing and stopping obscuring, so prevent and is it obscure it is trade mark that encroach right the basic point of departure judged tostop. I refine "Paris Convention", Trips and domestic and international provision on encroaching right and forming in trade mark, have put forward three standards of asserting of its objective respect: 1, Use on the same or similar commodities or services; 2, Use the same or approximate mark; 3, It is possible to cause obscure or obscure. It sum up trade mark tort form of expression to combine, analyse and study right famous special tort and protection system in their of trade mark; In studying the copyright and encroaching right, I have described the object range of copyright protection at first; Secondly it is a right range of the copyright; Then described its tort and assert the method. I encroach right and assert to the copyright that has put forward two kinds of methods here: Express two law with is it assert the method with originality, thought for the standard synthesis to use rationally; Second, duplicate and two similar footwork of substance. Three theory encroach right law of asserting.Second part: Some originally encroach right to intellectual property right main fact, guest important document of compensation for damage is it make a concrete analysis of to go...