The Tort Lawsuit Of Intellectual Property In Proof Responsibility Distribution

The tort of intellectual property since its guest body -intellectualness creation accomplishment invisible essence,cause this kind of law case to have professional requirementis high,tort conceal is strong,evidence collect disaster , try difficulty big etc. to be different from the characteristic of other general civil law cases. Therefore in trying the tort law case of intellectual property,the distribution of self law and accurate assurance proof responsibility that how to combine the lawsuit of intellectual property,according to the stipulation of civil program law and substance law looks particularly important。The general rule that this paper distributes from civil proof responsibility leave , try the proof responsibility distribution for the tort lawsuit of intellectual property as well as the problem in judicial practice that should be paid attention to to go on,some preliminary discuss。This paper divides into 3 chapters,first chapter is analysed for intension and the concept of proof responsibility,compare two big law department,make clear for the understanding of proof responsibility that our country proves the intension of responsibility;Second chapter is studied for civil proof responsibility distribution theory, have elaborated the good shortcoming of foreign relatively famous distribution theory as well as the reference of them for the legislation of our country,meaning introduces legislative present situation and the research accomplishment of proof responsibility distribution theory of our country;The chapter of 3th discuss the tort lawsuit of intellectual property in proof responsibility distribution rule,is saying the foundation as general rule clearly with the legal classfication of important document,go up,focal point go back to duty principle for the tort of intellectual property in lawsuit distribute for proof responsibility and the influence of proof responsibility distribution place upside down rule go deep into analysis,make in judicial practice,prove responsibility for implement to place upside down,special civil law case , the proof that can determine each involved party with"proof responsibility split plot design"responsibility。At the same time as not new product method patent tort and commercial secret tort law case in proof responsibility distribution problem analyse,think that implement proves responsibility to place upside down,prerequisite must want to have law stipulate,judge can not accuse because of the tort Central Plains of intellectual property of law case put to the proof is relatively difficult distribute proof responsibility at will. Push the method of deciding finally for the fact of regular application in the adjudication of intellectual property,the influence for proof responsibility distribution is discussed。Rule is that people refine from case the theoretical crystallization of generality and the role of norm and standard lawsuit。In judicial practice, make guidance with rule,can avoid law,suitable do not unify to make involved party have for the result of dispute is decidedly sexual in advance。At the same time,can also ensure that intellectual property tries quality,promote adjudication work,develop smoothly,realize the organic unification of legal effect and social effect。The working practice of combination the author of this paper,prove for the tort of intellectual property in lawsuit that responsibility distribution rule goes on,preliminary discuss,attempt to establish the effective tort rule of intellectual property of lawsuit proof responsibility distribution ,can so help for the adjudication work that been engage in self, also hope to be able to have the more scholar unceasing thorough research for this field。...