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On Criterion Of Liability Of Tort Of Intellectual Property

Posted on:2005-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:J HuangFull Text:PDF
GTID:2156360125969414Subject:Law
Abstract/Summary:PDF Full Text Request
The criterion of liability is the core of the tort law. How toapply it? Which makes significant differences. To correctly dealwith the cases and disputations by the tort in the field ofintellectual property, the most crucial problem is to master thecriterion of liability for tort of the intellectual property. Thequestion of whether the torts of intellectual property could andnecessary apply the no-fault-liability, under the conditions of thenew technology, touches on the balance between the protection ofthe owner of intellectual property and the freedom of the public toacquire information. In view of this, this dissertation is to brieflynarrate some narrow and shallow understanding to the point ofview presented in the academicals' circus that theno-fault-liability should be applied to the torts in the field ofintellectual property. So as to consult the tops. This dissertation sets out from the basic theories aboutcriterion of liability of the tort law, defines strictly all kinds ofconcepts of criterion of liability. Based on this, the papercompares the particularities present in the tort of intellectualproperty with the particularities which are required in applyingno-fault-liability, so as to analyze whether there is any possibilityfor applying the no-fault-liability to the torts of intellectualproperty. At the same time, this text carefully investigates therelevant clause in TRIPS and foreign relevant legislation ofintellectual property. Through the analysis and investigation, thispaper draws a conclusion that the particularities which present in 2the field of intellectual property is not what are specially requiredin applying the no-fault-liability. And the so-called situation thatthe no-fault-liability is generally accepted world widely has notstill occurred. So, the author holds that all the reasons forapplying the no-fault-liability in the field of intellectual propertyare untenable. The fault-liability is still valuable in the field ofintellectual property. As for the difficulty in proving the actor'sfault for the owners of intellectual property, can be solved withthe fault infer in the law and the fault infer in the fact.
Keywords/Search Tags:Tort of Intellectual Property, Criterion of Liability, Fault, Infer
PDF Full Text Request
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