Application And Improvement On Civil Remedy Measures Of Intellectual Property Infringement

Common civil remedy measures, which are methods of bearing civil liabilities as stipulated in the "General Principles of the Civil Law", have been remedy instrument applied extensively in the intellectual property infringement protection in the judicial practice in China. This article carries out a discussion on three aspects, focusing on current actual application of these civil remedy measures on intellectual property infringement and the inapplicability occurred, as well as the issue that some judicial officers abandoning certain traditional civil remedies in the practice. First of all, based on the particular characteristics of intellectual property rights compared with conventional civil rights, the article explains the unique nature of the intellectual property infringement acts and that as a result, methods of bearing civil liabilities also differ from conventional methods. In addition, it illustrates the conventional civil remedies applied in the intellectual property practice, with emphasis on analysis of the problems and limitations in the application, such as the applicability of public apology and eliminating ill effects, the definition on cease of infringement and harm, the inapplicability of restitution of original state, the significance and legal essence of return of property and so on. At last, an analysis, combined with the practice, is made on how to improve civil remedy measures on intellectual property infringement through an introduction of civil remedies of intellectual property in foreign countries.