The Research On Innocent Infringement Of Intellectual Property Rights

innocent infringement as a system to restrict the human rights of the patent rights, generally refers to the behavior of reasonable do not know but for the infringement of intellectual property rights of others. China’s Patent Law was first enacted, it as not infringing innocent infringer does not assume liability. Approximate convergence with the provisions of the TRIPS and the world in the next several patent law to modify, maintain, increase the protection of the patentee, to change or not infringement is infringement, but can under certain conditions, exempt from the innocent infringer responsibility. Institutional practice, this change also has many deficiencies and shortcomings. Lag study of relevant basic theoretical knowledge is the main reason, this paper focused on the demonstration of innocent tort theory, discusses the legitimacy and legal basis of innocent tort system is proposed it should be based on fairness and justice and efficiency of the value orientation. And commenced by the relevant provisions of the comparison countries, trying to provide a reference to improve the intellectual property rights in innocent infringement system under China’s Patent Law.First, the innocent understanding of the meaning and choice as the starting point, using the method of value analysis, Analysis and definition of the definition of innocent, innocent infringement, in the meaning of the doctrine of innocent as a starting point to build on the basis of the innocent value of the tort system orientation, the legal basis and legitimacy. Content of the basic theory of innocent tort system, focus on discourse mode the meaning of the doctrine of innocent as a starting point, fairness and justice and efficiency are two of the innocent tort system is located in the value orientation, the prior use into in innocent tort system a model theory pave the way. And made a innocent the nature of the tort system for the right to limit the exclusive right of intellectual property legal restrictions. Subsequently, in the interests of balance management, compatibility with the theory of individualism and the weakening of rights and interests to share a theory constructed on the basis of innocent tort system, its legitimacy from the concept of economics and social rights.Secondly, on the basis of the full proof of the innocent tort theories, using comparative analysis, each analysis of the provisions of TRIPS and the world’s major countries (the United States and Germany, France and Japan) in innocent infringement, and to identify similarities and differences between national provisions, analysis of national provisions reasonable, to prepare for the next part on the innocent tort system optimization.Again, comparative analysis of the tort system of the countries in innocent on the basis of the tort system of China’s innocent a more systematic analysis, mainly based on the three revisions of China’s Patent Law for clues. The2008Patent Law, the tort system of innocent to modify. The changes, to increase the offer to sell, to strengthen the protection of the right of patent holders.Finally, on the basis of system analysis and summary of the previous text, the first mode of intellectual property rights in innocent under the patent law of the tort system is optimized, the General Terms and enumeration of two modes. And enumerated type mode does not assume liability for innocent infringement optimization of responsibility, to stop the infringement and stop the infringement exception both to improve. In order to further improve China’s patent law provisions on innocent infringement, provide a reference for our country under the patent law revision.