Research On Intellectual Property Infringement-damage-remedy In Red Tourism Resources Exploitation

Intellectual property infringement in red tourism resources exploitation is increasing along with the development of red tourism, which not only restricts the coordinated development between the red tourism industry and the knowledge economy, but also disrupts the spiritual and cultural heritage; hinders the harmonious development of society. But the intellectual property infringement in the red tourism resources exploitation and the protection and management of red tourism resources products do not cause attention in academic and practical departments. The existing protection system of red intellectual property rights is not perfect. Therefore, these all require to establish effective protection and damage-remedy of the red tourism intellectual property rights in order to promote the sustainable development of tourism economy.Based on the above, this paper combining with the hot issue of intellectual property infringement in red tourism activities, using the methods of law, economics and sociology, probes into scientific research and practice in depth on intellectual property infringement and damage- remedy mechanism to construct the intellectual property infringement-damage-remedy system which uses infringement prevention, tort compensation as the main contents in the red tourism resources exploitation.In the first part, the research background and the research significance of intellectual property infringement-damage-remedy in red tourism resources exploitation are analyzed from the politics, economy, culture and different angles, and then the relevant research theory at home and abroad are reviewed. Although scholars discuss the infringement-remedy of intellectual property rights from different angles, they mostly stay in law. A few scholars also refer to social relief, but there is no scholar's research on the particular red tourism field.In the status quo part of intellectual property rights infringement in the red tourism resources exploitation, it is from the three parts of copyright infringement, trademark infringement and patent infringement to analyze and to sum up the concrete manifestation of intellectual property rights infringement in red tourism resources exploitation, and to summarize the characteristics of infringement behavior: besides the general characteristics of intellectual property rights infringement, the object specialization, scope regionalism, huge negative influence and infringement-remedy synthesis, and so on, then to sum up the hazardous results and the reasons.In the theory system of intellectual property rights infringement-remedy, it is discussed from the angle of civil liability, administrative liability, criminal liability and social responsibility. It breaks through the tradition that intellectual property rights infringement only relies on legal remedy with the current situation and opens up new ways forward socialization. Based on the analysis and reference to Britain, the United States, France, Germany, Japan and Taiwan in intellectual property infringement-damage law and the mature theory of social relief, it fills in omission on the social relief of intellectual property rights infringement. It constructs the theory of legal responsibility relief and social responsibility relief and completes the system theory of intellectual property rights infringement-damage-remedy.In the operational-conceived part of intellectual property infringement-damage-remedy in red tourism resources exploitation, according to the concrete tort behavior, legal relief and social security are combined with the public law and private law. Based on legal remedy and, social relief for security, it constructs the feasible operational mechanism of intellectual property infringement-remedy in red tourism resources exploitation, which focuses on the social relief system of emphasizing civil remedy, advocating administrative remedy, strengthening criminal relief, supplementing intellectual property insurance, financial guarantee, administrative compensation to realize the comprehensive protection on the red intellectual property rights.