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The Principle Of No-fault Liability For Intellectual Property Infringement

Posted on:2010-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:J PengFull Text:PDF
GTID:2166360275954330Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Which attributive principle should Intellectual Property Infringement choose, principle of no-fault liability or principle of fault liability? There is no clear legal provision in the codes of Intellectual Property,which arouse much controversy.The General Principle 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.Therefore,some scholars consider it as the attributive principle for Intellectual Property Infringement,but this opinion brought much disputes in the past ten years.The development of information technology and internet technology considerably change the whole environment of the Intellectual Property and the bring out many problems to the protection of Intellectual Property,making the Intellectual Property Infringement more and more complex,which put forward new questions to the foundation of Intellectual Property.Facing the question of liability fixation of Intellectual Property infringement,we firstly should comprehend the meaning of liability in the Intellectual Property infringement area and make clear the difference significations between infringement and tort.Only in this way can we judge whether principle of liability fixation in The General Principle of Civil Law of the People's Republic of China suit for Intellectual Property.The theme of this study is to discuss the shortages of the argumentations about this question.Basing on the characteristic of Intellectual Property and infringement, this study tries to introduce direct infringement and indirect infringement to settle this problem.So that,there is another way to explain the allegation of no-fault liability of Intellectual Property infringement.
Keywords/Search Tags:Intellectual Property, infringement, principle of no-fault liability, direct infringement, indirect infringement
PDF Full Text Request
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