The Doctrine Of Liability Fixation Of Intellectual Property Infringements

The development of the science and technology demands effective means to protect intellectual property. The doctrine of liability fixation on intellectual property infrigement occupies a crucial position. It's important to hold doctrine of infringement in intellectual property to deal with cases and disputations. In recent years,There are very much argumenents on the doctrine of liability fixation on intellectual property infringement in the academic. In judicial practice,the judgers are always puzzled by the defense based on innocence taken by the charged. The General Principles of Civil Law of The People's Republic of China has made the doctrine of liability for wrongs a clear legal provision, which is regarded as the general principle of liability fixation on tort in the civil law. The code of intellectual property of Chian have particularized the actions of infringement upon intellectual property,but they nearly say nothing about the problem whether these actions must be with fault or not.Because the provision in the codes of intellectual property on such problem is not clear ,the judgers' attitudes to the party's defense based on no-fault is different .the inconsistent judicial practise has injurded the coherence of legal system ,and more importantly ,has resulted in essential unjustness and eroded the footstone of the law justice . In order to deal with the cases correctly, the key point is to master the doctrine of liability fixation of intellectual property infringment. The author does primary research on intellectual property infrigement responsibility from theory and the practice., and try to analyze this problem completely. At last , we give out the suggestion base on the consideration for perfecting the doctrine of liability of system in our intellectual property rights law.The first part, we analyze the general theory for the doctrine of liability. Beginning with its meanings and sense, we discuss that this principle can be applied in all the civil responsibility, not just for tortious amends. Finally, we talk about the doctrine of liability system in our law and each concrete principles.The second part, we compare the doctrine of liability fixation on intellectual property infringement in different law system :common law, continental law, and TRIPS agreement. Then we compare the old and new stipulations in intellectual property rights law , also on the developing direction and it's defect.The third part, we discuss on the orientation of doctrine of liability fixation on intellectual property infringement. We begin with the fault liability which is the main doctrine of liability in our present law, analyze the problem in fault doctrine of liability. Then, we discuss and evaluate the main theory and the reason of different from eath other on the intellectual property infrigement doctine of liability. At last, we analyze the characteristic of exclusive liability like stop infringement, and get the answer that we should apply the doctrine of liability on exclusive liability. Thus, help us to finish the nomology analysis on this topic.The firth part, from the aspects of the legislation and judicial situation , analyse and consider the doctrine of liability fixation on intellectual property infringement and puts forward some legislative suggestion to it. Firstly, the law should make clear stipulation that it has nothing to do with about fault in confirming the action of intellectual property infrigement, so that can being on guard the fraud realisation in the area of applying in the doctrine of liability including the action intellectual property infringement. The second, the law should make clear stipulation about the applying of no-fault liability to exclusive liability, but, it should have the exceptant stipulation. The third , the kind of liability for tort mainly applies special fault doctrine of liability.With the beginning of which kind of doctrine of liability that is applied to the intellectual property infringement in the article, the article use for reference some thesis and rules in home and abroad ,search the properly answer of the doctrine of liability which can result the problem of intellectual property infrigement in our law and build the system of the doctrine of liability about the intellectual property infrigement. It is useful to protect owner of the intellectual property right and the society in the same time.