Research On Trademark Tort Imputation Principle

For trademark infringement imputation principle understanding, academic circles hasalways been existence fault principle and the principle of no fault of the dispute. This articlefrom the trademark infringement behavior of the concept, type, constitutive requirements,imputation principle and other basic theory to clarify first between the concepts of connotation,and then contact our country "trademark law and the implementing rules of the trademark lawregulation, and through the judicial practice investigation, with reference to foreign legislationon our trademark infringement of imputation principle, and tries to comb to demonstrate thetrademark infringement of imputation principle, the binary imputation principle includes bothfault imputation principles, including no fault imputation principle.The innovation point is in foreign legislation of mature experience, supplemented by theholder of the present stage in China and the infringer measure between interest relations andsocial need to the requirements of the value orientation, according to different occasions suretrademark infringement behavior of the imputation principle. From the trademark infringementand responsibility for compensation for the characteristics of trademark infringement behaviorof different classification, let its use different imputation principle. Use infringement, sellinginfringement, commodity name or decoration tort, reverse passing off, well-known trademarkinfringement behavior for direct infringement should be applicable to the principle of liabilitywithout fault, and domain name infringement behavior, auxiliary tort for indirect infringementshall apply the principle of fault liability. The binary imputation principle system constructionpromote both trademark.This paper adopts empirical and comparison research method, the current trademark lawtort imputation principle and the continental law system and common law and the internationalconvention of relevant system comparison in this system, puts forward the defects and problems,and in reference to the essence of the western developed countries on the basis of perfect. Inaddition, the use of trademarks in argument binary imputation principle, applicable judicialpractice case, etc, to illustrate the theory in the practice of the desirable and feasibility.The article is divided into three parts, three parts are layers of cohesion, all linked with oneanother, below to introduce:The first part of the definition of "trademark infringement behavior" concept to, and thenanalysis the characteristics of the trademark infringement, trademark infringement, and thetypes of these types according to the different features detailed divided into direct infringement, indirect infringement behavior, as discussed below is direct infringement, indirect tortimputation principle is what foreshadowing and prelude. On this basis, we introduce the themeof the imputation principle, but in order to make readers more detailed understanding ofimputation principle the author imputation, responsibility and imputation principle, the purposeis to define and distinguish clearly imputation principle is the basic connotation and clear tell usimputation, responsibility and imputation principle relationship, for below detailed argumentimputation principle buried the foreshadowing. Most people trademark infringement imputationprinciple and trademark infringement phase confusion, so we add a quarter, clear definition,fully discusses trademark infringement imputation principle is what, trademark infringement isnot the components of the trademark infringement imputation principle, for below argument dothe necessary preparations.The second part of this paper briefly summarizes the continental law system and commonlaw and relevant international convention on trademark tort imputation principle regulation,reference and learn from foreign advanced legislation idea and carries on the comparison andanalysis, in the basis of absorbing the essence to build our trademark tort imputation principlesystem.The third part is the center of gravity and the core. The third part first system from thegeneral principles of the civil law, tort liability law in the trademark infringement imputationprinciple to mining establish trademark infringement imputation principle, that is the mostessential soil should use general tort imputation principle theory and the principle of faultliability; Secondly doctrinal ranged from the controversial theory of hot spots, and carry on theanalysis, based on the particularity of that trademark infringement, trademark infringement inthe application of the principle of fault should be applied at the same time, no fault imputationprinciple; At last, it puts forward our country trademark infringement imputation principleshould be established binary imputation principle system, namely direct infringement applicableprinciple of liability without fault, indirect tort apply the principle of fault liability, and withgood reason prove its legitimacy and families.