On The Attribution Principle Of Trademark Infringement

The criterion of liability is determined on the basic 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 forlaw norms basically revolved around responsibility to identity 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.With the globalization of knowledge economy, cases of IPR are increasing rapidly. To deal with the cases of intellectual property rights, the most important task is to identify the criterion of liability which leads to aggressive disputes both in the theoretical circles and in judicial practice. In my opinion the primary reason for those disputes is that scholars have different understanding in some basic concepts that relate to infringement of intellectual property rights.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.Part two focuses on the legal principles of intellectual property infringement imputation analysis. Through fault liability principle the scope of application of the principle of no-fault liability, the basic theory analysis or derived infringement essence-of "antisocial behavior" and not classified in "socially necessary economic activities". At the same time that led to no-fault liability scholars said is mainly confused the two concepts of "Torts" and" infringement"In the third part, the author analyze the criterion of liability of IPR in Chinese legislation, including <<rademark law>> and then put forward on the identified principles to be followed and standards. Then, the author also discusses the rational use of prior trade mark right to use the power of the exhaustion of trademark violations and other exceptions, analysis of the trademark system to limit the impact of the infringement found.In the fourth part, the author introduce and analysis several kinds of criterion of liability in IPR. Then, on the one hand, explain why we shouldn’t adopt he criterion of no-fault liability by further; on the other hand, describe the definition of fault and how to distinguish fault, so as to take legal analysis.