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On The Civil Liability Of Infringing Upon Intellectual Property Rights

Posted on:2008-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2166360272467573Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The civil liability of infringing upon intellectual property rights is one component of the civil liability system and it abide by the general principle of the civil liability system.Compared with general civil right,especially with material property rights, intellectual property rights has own characteristic.The characteristic of intellectual property rights causes the remedy for intellectual property infringement presents a lot of particularity.In this article,the scope of civil liability is not within the range of traditional law of obligation.Intellectual property anspruch and obligatory claim are regarded as two kinds of major relief means in this paper, in addition,there are marked differences between this two kinds of relief means in constitutive requirements,scope of application and function.The author expounds her views beginning with the characteristic of intellectual property rights and takes the civil liability of infringing upon intellectual property rights as the object of study.On the basis of this,the author tries to constructing a complete and scientific system of the civil liability of infringing upon intellectual property rights.Part one involves the characteristic of intellectual property and some fundamental concepts be closely related to the civil liability of infringing upon intellectual property rights;act of tort;liability for tort;civil liability;liability for damages.Part two involves the overview of the civil liability system of infringing upon intellectual property rights.Firstly,the author introduces the legislative model of American,Germany and Japan.Secondly,the author initially proposes how to constructs the construction of the civil liability of infringing upon intellectual property rights.Part three involves constitutive requirements for the liability for infringement of intellectual property rights.Part four involves the forms of liabilities borne for infringing upon intellectual property rights.In this part the author discusses the scope of application and the conditions of application.Part five involves the relationship between intellectual property anspruch and the claim of jus ad rem;the relationship between intellectual property anspruch and the claim of compensation for damage;the relationship between intellectual property anspruch and the claim of compensation for damage and the claim of restitution of unjust enrichment.Part six makes comments on the situation of the legislation about the civil liability of infringing upon intellectual property rights in our country and makes some suggestions to legislation in intellectual property in the future civil law.
Keywords/Search Tags:civil liability, liability for tort, intellectual property anspruch, claim of compensation for damage, constitutive requirements
PDF Full Text Request
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