On The Criterion Of Liability Of Intellectual Property Infringement

Prompted by the acceptance of world-wide free markets and the growth of commercial activities in China,disputes over the Intellectual Property have risen dramatically,leading to the increasing importance of protecting the Intellectual Property rights.Such situation stimulates the Intellectual Property owners to make increasing efforts to explore the application of Intellectual Property measures.Under such circtimstances,a thoroughly reworking of the existing civil law,the proposal of the trot law has been taken place in 2008,resulting in a majority of changes in the field of the liability.This essay will concentrate on the argument that the principles of liability in the Intellectual Property should merely cover the Fault Liability,yet No-fault Liability should not be applied to in disputes of the Intellectual Property.My comments may turn out to support to this statement;so,this essay endeavors to demonstrate that this statement can hold water.So,the first section of this paper will identify that the trot liability and the no-fault liability have been designed for the different purposes,consequently they should be applied to under different grounds. Subsequently,due to the specialty of no-fault liability,the second section will endeavor to examine the conditions in which non-fanlt liability may be applied to,which will be followed by the analysis of the Intellectual Property measures.That is to say,when the principles of liability have been merged into the Intellectual Property measures,fault liability prevails as the leading method to protect the owners' rights,yet no-fault liability may not be applied to appropriately and effectively.