Intelligent Property Right Infringement Civil Case Duty Research

The intelligent property right rises to the all countries economy development prominent function; the international society passes the international treaty to increases constantly the international protection level of the intelligent property right. The development of the our country market economy, the affiliation of the world trade, make the protection that enhance to the intelligent property right have the more important meaning. In recent years our country intelligent property right protection system fast development, intelligent property right protection system since stirred up the technology personnel invent create of the positive pushed again the technology progresses with the development of the national economy.The litigant and end purpose in proceeding in person in intelligent property right is to requests the infringement the person undertake the homologous duty. But related civil case duty theories and laws of complete make right the person's benefits protection getting more effectively. Therefore there are necessary combination nations, local circumstance preceding the research of the system to the intelligent property right infringement civil case duty.The article the first part of says all to the intelligent property right infringement civil case duty. Its from the concept of the intelligent property right, and its special with protect the scope commence, introducing and analyzed a series of and related theories.Article what the second part discuss is an intelligent property right infringement to return the principle of .The intelligent property right infringement should adopt to grows to returns the principle of why, also becoming intelligent property right boundary and judicial circle an a little bit hot problem for discussing in recent years, this problem not only disputes bigger, but also haven't reached valid common ground up to now. This text proceeded the statement one by one to the relevant standpoint of this problem and comment on, through thorough analysis and research, the writer thinks at our country the intelligent property right infringement should adopt with the fault returns the principle of is lord, and predict outcome with the fault theinfringement that principle conduct and actions complement return the principle of.Article what the third part discuss is the composing important item of the intelligent property right infringement civil case duty. What writer adoption is to constitutes the important item of four important items say, and to fault, break the law the behavior, injure the fact to related to these four composing important item to all proceed with the cause and effect completely of analysis and discuss.The article four-part to divided to stop violate, dissolves the influence, compensate the gift apology and made up for loss the proceeding the analysis namely to 4 kinds of civil cases duty form of the intelligent property right infringement. The point analyzed the indemnification scope of the intelligent property right infringement civil case duty. The writer thinks that the indemnification of the civil case duty should adopt the method that punished indemnification, from intelligent property right infringement and the spirit of the creation injure to also should belong to the scope of its infringement indemnity with the damage of the reputation power.That text then violate the intelligent property right should apply to grow why the infringement returns the principle of is correspond to order, draw lessons from domestic and international and related theories, laws and case a reasonable answer for, investigating local method solving intelligent property right infringement civil case duties, set up the more perfect intelligent property right infringement civil case duty system, to benefit to the intelligent property right owner with the protection of the social public benefits.