Research On The Identification Of Intellectual Property Infringement And Legal Remedies Of Tourism Products In China

China has reached the "middle-income" national level on the whole, and with the steady growth of income, economic development and social stability, good environment factors, all this kind of combination leaves China’s unique tourism resources both have strong attraction for foreign tourists and domestic tourists. Although under the role of the relevant national legal system, in order to regulate the tourism industry stakeholders’behavior and promote the healthy development of China’s tourism industry, the state promulgated the "People’s Republic of China Tourism Law" and other laws and regulations. However, the foundation tourism industry survival and development relied on,like tourism product malicious cybersquatting, counterfeit fake, unauthorized use are becoming more and more serious. In this paper,we hold the view that this phenomenon is essentially because the IPR infringement that contained in tourism products is difficult to identify. Therefore, the study of "tourism product IPR infringement and its legal remedies," is not only the urgent need in the process of tourism industry prosperity development and tourism legal system construction, but also the need to protect producers and tourism operators’ legitimate interests.Involved in the field of tourism related concepts of intellectual property, academic knowledge is quite different. Based on the comprehensive carding the domestic and foreign relevant theoretical research on intellectual property infringement. The article undertook an analysis from3respects:IPR infringement subject, object and content, and we come to the conclusion that tourism products are also the results of human intellectual labor, which can only be a tourism product IPR, rather than "travel IPR, tourism IPR, or the tourism industry IPR." Meanwhile, We summarized three main characteristics of infringement of tourism product IPR:main groups,object intangibility,complexity of infringement. Although the infringement relates to all aspects of the tourism industry, but mainly concentrated in the tourism commodity confusion, plagiarism tourist routes, registered trademark, business secret leakage of tourism etc. On the basis of depth study on the legal application of the "fault liability" principle and the "no-fault liability" principle of tourism products identified on infringement of IPR, we proposed that " determined what kind of doctrine of liability is appropriate should depend on the behavioral categories; meanwhile, identification of infringement cases should also depend on tort constitution important document under different types of doctrine of liability".In other word,the direct infringement in accordance with the "no-fault liability principle", indirect infringement in accordance with the " fault liability principle".On the basis of essential elements of intellectual property infringement acts in tourism products and the actual of managing tourism products production,through affirmation of infringement acts in both utilizing and marketing, this paper makes particular analysis and discussion on specific methodology of affirmation to intellectual property infringement acts in tourism products.In this area,based on available law of intellectual property in China,after the confirmation of being infringed in tourism products,the infringer should be responsible for civil liability which is primary to damage compensation, and diversification of responsibility when necessary way "confiscated proceeds" of administrative responsibility and the "serious nature" of criminal responsibility, we believe that the tourism product intellectual property infringement liability whatsoever to distinguish between different types, different categories, including taking "an apology, rehabilitated; removal of obstacles, to eliminate the risk" a variety of ways. At the same time, to learn about the academic violations "damages" and "multiple function" ideology, the infringement of intellectual property rights should be legal remedies "compensation","punish function","prevention education" and other multiple functions. Thus, about the tourism products of intellectual property infringement legal remedies, we should strive to achieve "diversity tort liability, tort liability and tort remedies calculate clarity diversification."...