Intellectual Property Infringement Attributable To The Principles Of Research

The criterion of liability is determined on the basis of civil liability for acts of human rights standards, and is applied in the tort law, tort law and all norms of a commander role of legislative guidelines. Attribution principles in tort law are in an important position. As tort law norms basically revolved around responsibility to identify, and imputation principle is the core issue of responsibility, and therefore a violation of all norms of law are founded on the principle of attribution.On the field of intellectual property should apply what imputation principle and the Basic Law of our intellectual property rights in civil law are not particularly clear, in theory and practical industry sector there are many controversies and disputes focus primarily on: in the new technological conditions, the field of intellectual property infringement and the possibility of the need to apply the principle of no-fault problem. The solution of this problem with China's WTO entry and is increasingly urgent. The basic principle of trying to attribution theory from the start, through the application of the principle of fault and no-fault principle legal analysis and comparison of different legal systems and inspect TRIPS agreement national and regional legislative cases, the status quo of China's legislative attempt to answer this in the theoretical study and trial practice issues requiring urgent solution in order to benefit the intellectual property legislation.The four parts of intellectual property infringement imputation principle study, which reads as follows:Part one mainly studies the basic principles of attribution theory. Through the principles of attribution analysis of the concept and identity, clarify basic concepts, drawn as tort damages system imputation principle is no classification system in the object of the request to "stop against" civil liability forms. Therefore, in discussing the application of intellectual property rights violations should attribution principles, tort liability must be explored, and the right to request from the clear distinction. At the same time, through the principle of intellectual property infringement attribution studies from the basic principles of attribution theory starting strict definition of the concept of attribution principles, the principle of attribution analysis, made mistakes and no-fault liability principle responsibility principles binary system attribution principles view to the specific issues addressed below lay the foundation.Part two focuses on the legal principles of intellectual property infringement...