On Civil Liability For Infringement Of Intellectual Property Rights

Civil responsibility of intellectual property is the core of the thesis. The thesis uses law science methods, such as law clause explanation and comparative analysis, etc. It succinctly discusses the concept, peculiarity and determination of tort of intellectual property and analyses several viewpoints of criterion of liability of civil law and intellectual property and it also inquires into constitute requirements, forms and compensation principle of the civil responsibility of tort of intellectual property. The main points of the thesis are as follows:The first point is that the no-fault-liability should be applied into the field of tort of intellectual property because the fault-liability is too weak to protect legitimate rights and interests. The second point is that penalizing compensation for damages should be used in the field of tort of intellectual property, too. But it need the infringement's deliberate or negligent behaviour. The third point is that the current system of legal compensation should be improved, that is to say, we should define the lowest amount of legal compensation and form legal compensation clause in Patent Law, too.