The Legal Analysis Of The Protection For Intellectual Property Right Basis On The Right Of Petition

Bearing the tort liability is essential to the civil law protection of the intellectual property right (IPR) when referring to Chinese civil legislation and judicatory nowadays. According to the General Principles of Civil Law, however, the methods of bearing the civil liability of infringement contains the tort liability and the right of petition which based on the absolute right under the Continental legal regime—the remedies of the infringement include the petition of compensation for damages and the content of the absolute petition, namely, cessation of infringements, removal of obstacles, elimination of dangers and return of property. In the Chinese legal system, the methods of bearing the civil liability in question have exceeded the scope of tort liability too far to protect the legal rights comprehensively and to control the illegal activity as well as other reasons of infringement.Although Chinese concept of tort liability unifies both the petition of compensation for damages under Continental law regime and the content of the absolute petition, there are so many differences in condition and legal influence between these two concepts when applied to practice. In result, there are lots of arguments in practices, such as whether the wrongdoer's fault, the fact of damage and the limitation of lawsuit to the creditor are essential to the tort liability of the IPR infringement or not. This thesis finishes the unconstrcuting of the civil liability concept by uncovering the connotation and the predicament of this concept in the theory and practice. After being infringement to IPR, the creditor can produce different claim right to the illegal actor as following, the claim right on IPR, the claim right to returning unjustified enrichment and the claim right to the compensation for damages. On one...