The Discrimination Of Patent Infringement Liability Principle

In the era of knowledge economy, patent is increasingly becoming an important manifestation of the national innovation capacity and competitiveness. Compared with the tangible property rights, Patent non-material object makes the patent right is very difficult to. define and protect and facing the higher the risk of infringement. Providing strong protection for the patentee is the cornerstone of the patent system building.In a patent infringement dispute, Correctly determine the tort liability of the behavior of people is essential.As we all know, the first and key task of determining the behavior of the tort liability is to establish the patent infringement liability principle, different imputation principles will affect the constituent elements of the tort liability exemption subject matter, the burden of proof, damages. Present, China’s patent law has yet not to be clearly defined patent infringement liability principle. The confusion and theoretical conflict in Patent Infringement Liability Principle brings about some confusion in enforcement and practice of patent administrative law and also increase the uncertainty of ruling. If never changed, it will certainly negatively affect the healthy development of China’s patent laws.This article tries to start from the principle of tort liabilities theory, investigate the origin and the evolution of the liability principle.Analyzes the provisions of international treaties and developed countries on the principles of patent infringement liability principle,in order to provide the reference system for this study; By compareing the current academic representative of several theories and identifing the causes of the differences, find research a breakthrough for this paper.The first chapter, we analysis the attributable to the tort law principle theoretical, as the foundation and guiding of article discusses. First, introducing the concept of imputation and the Principles of Responsibility.Secondly, inspecting the evolution of the Principles of Responsibility.Finally, analysis of China’s Tort Liability Act established principle of imputation system.The second chapter, we find the reference system by studying the extra-territorial law o First, the introduction to the provisions of the TRIPS Agreement on Patent Infringement Liability Principle;Secondly, introducing the law of the United States, Germany, Japan, France.The third chapter， we analyzes several influential view, later research to find a breakthrough for this article.The fourth chapter,combined with foreign experience and clarifying the related concepts， we establish China’s Patent Infringement Liability Principle. First, analysis of the connotation of patent infringement and Elements. Secondly, analysis of the type of patent infringement liability. Thirdly, explaining the connotation of " liability " in the Liability Principle. Finally, pointing out that China should adhere to the patented principle of tort liabilities.