A Study On The Attribution Of Liability Of Tort Of Intellectual Property

Under the conditions of the new technology, whether the torts of intellectual property could and necessary apply the no-fault liability, touches on the balance between the protection of the owner of intellectual property and the freedom of the public to acquire information.This dissertation sets out from the basic theories about attribution of liability of the tort law, defines strictly all kinds of concepts of attribution of liability, to hold the liability of the attribution of liability is just only damage indemnification. Based on this , the paper compares the particularities present in the tort of intellectual property with the particularities which are required in applying no-fault liability, so as to analyze whether there is any possibility for applying the no-fault liability to the torts of intellectual property. At the same time, this text carefully investigates the relevant clauses in TRIPS and foreign relevant legislation of intellectual property. Through the analysis and investigation, this paper draws a conclusion that the particularities which present in the field of intellectual property is not what are specially required in applying the no-fault liability. In fact, the no-fault liability is don't really claim that the tort damage indemnification apply to no-fault liability, their purpose is just want to emphasize the fact that the legal right of application of intellectual property is not based on fault. As to the particularity of tort of intellectual property, for example, the serious consequence of tort, the continuity of tort, the intellectual property owners has been protected by granting the legal right of application by law.So, the author holds that all the reasons for applying the no-fault liability in the field of intellectual property are untenable. The fault-liability is still valuable in the field of intellectual property. As for the difficulty in proving the actor's fault for the owners of intellectual property, can be solved with the fault infer in the law.