On Group Infringement Of Intellectual Property Right

The group infringement of IPR is defined as infringement act, which many people contribute to. By its characteristic of mass forces and trans-regional, it affects both IPR holders and market economic order. It is also the important part of what the domestic law and norm of international IP law focus on. Containing the infringement acts and consummating the IP protection system has great significance in realizing the value of IP system, developing theory of IP law and creating fitting commercial environment for independent innovation. China's intellectual property rights protection system had been directing towards the world and gearing to high international standards after China joined WTO, but that is still insufficient. Consequently, this thesis plans to carry on research on this issue, and the thesis is divided into four parts.The first part is "The characteristic and presentation of group IPR infringement in practice". The group IPR infringement exists in all domains of IP practice, such as trans-regional and chain patent infringement, traditional copyright infringement, the new form of the copyright infringement rising with the Internet, and the well-known trademarks infringement etc. It shows particular characteristic of mass forces and trans-regional, great harmfulness compared to the "one-to-one" IPR infringement, forming infringement union, a great diversity of form and end-user involving.The second part is "The present situation and the reason analysis of the group IPR infringement". The analysis of the present situation of end-user infringement, offenses committed against IPR, global PC software piracy and losses shows that group IPR infringement still remains serious and it has system factors, administrative enforcement factors, IP consciousness factors and social factors. Moreover, the group IPR infringement is a global issue which governments pay close attention to. The countermeasures and experience of different countries offer us reference to cope with this problem.The third part is "The countermeasure study of the group IPR infringement". The group IPR infringement amplifies the problem existing in the IP protection system of China and discloses the defects of the legislation on IPR infringement, administrative enforcement system and citizen consciousness. The countermeasure should be focus on the following three issues: legislative regulations of IPR infringement, administrative Law Enforcement System consummation and preventing IPR infringement at its roots. According to the type analysis of group IPR infringement, the following system should be improved: applying different liability doctrines according to the burden form, legalizing the indirect infringement system, clearing the responsibility of the retailers, revising the compensation system of the IP law. For that IP administrative law enforcement is an important means to combat the IPR infringement, the following measures should be taken: improving the normalization of IP administrative law enforcement, establishing coordination mechanism of IP administrative protection, setting up information communication system. Making social atmosphere to promote the development of IP cause and enhancing public's IP protection awareness are the effective ways to prevent the infringement at its roots.The forth part is "conclusions". The group IPR infringement is a global issue in many countries of the world. The countermeasures taken by most of governments are the same: insisting on three-equal-stress of legislation, administrative enforcement and propaganda. The close combination of the three parts can form the entire protection of IPR to prevent, stop and punish the group IPR infringement.