Study On The Principle Of No-fault Liability In Infringement Disputes Of Intellectual Property

Whether the principle of no-fault liability is suitable for the field of infringement disputes of intellectual property or not, and whether the principle of no-fault liability play a significant role in processes of intellectual property protection or not, there is no clear legal provision in the codes of intellectual property, which arouse much controversy. With the development of globalization, intellectual property plays a significant role in our society, only when we grasp the intellectual property, we also have the core-competitiveness, so our country devote much attention to strengthen intellectual property protection with each passing day. With scientific and technological progress, new problems emerged in the field of infringement of intellectual property and because of characteristic of intellectual property, our intellectual property protection is faced with enormous challenges.Intellectual property law is a branch of civil law, therefore, study on the imputation principle of intellectual property is based on the imputation principle of civil law, many scholars thought that the infringement act of intellectual property and tort act have no difference, they are applicable to the principle of fault liability, it is because of this traditional view, the principle of no-fault liability in infringement of intellectual property has always been faced with obstacles. The basic principle of trying to attribution theory from the start, made my views on the basis of many different opinions.The first section of this paper mainly studies no-fault liability theories, focuses on the history of no-fault liability and introduce the whole process of development of no-fault liability.The second section introduces the correlative legislations of two big legal systems and the TRIPS agreement, and analysis in legislation present of intellectual Property law in our country.The third section introduces the difference views in theory. Analyze the reasons for these differences and affirmed the value and role of the principle of no-fault liability in the infringement disputes of intellectual property. The last section put forward the necessity of the principle of no-fault liability in the field of infringement disputes of intellectual property and to find a reasonable answer about no-fault liability for the field of infringement disputes of intellectual property.