Study Of Innocent Infringement System In China’s Intellectual Property Rights

The core to the innocent infringement system in China’s intellectual property rights is infringers acting in good faith. The infringer is exempt from compensation by proving "without knowing" and "he obtains the product from a legitimate source". Generally speaking, innocent infringement system which is widely applicable in judicial practice function well in solving the litigation between IPR owners and the infringers. However, there are certain problems to the detriment of the positive benefits of innocent infringement system. The system concerns the balanced interest of the IPR owner and the infringer and the protection of reliance interest and affects the entire social and economic development. Therefore, there is important practical significance in actively learning from foreign advanced legislative experience, putting forward a sound system based on the core and the real intention of innocent infringement system and throwing out legislative and judicial recommendation.This article is divided into four parts studying the innocent infringement system in China’s intellectual property rights.The first part is the history of the innocent infringement system in China’s intellectual property rights. This part analyzes background and necessity of legislation of innocent infringement based on the doctrine of liability fixation in intellectual property rights infringement compensation, the balanced interest of the IPR owner and the infringer and the protection of reliance interest. Besides, this article summarizes the legislative process of the innocent infringement in China’s intellectual property system based on the innocent infringement changing from non-infringement to tort, innocent infringement being not considered tort and the infringer is exempt from compensation by proving "without knowing"and "he obtains the product from a legitimate source".The second part is the judicial practice of the innocent infringement system in China’s intellectual property rights. This part through the use of empirical research, summarized objectively applicable situation in China’s judicial practice and innocent infringement problems. This system can achieve the balanced interest of the IPR owner and the infringer and the protection of reliance interest overall, which has a positive meaning. However, there are some problems which must be solved and improved such as the innocent infringement system of Copyright Law being not clear, the standard of the innocent infringement system constitutive requirements being not unified, the criterion of proof that infringers knowing or not being not unified and other civil liability being not certain or clear.The third part is the overseas legislative experience of the innocent infringement system. Based on the history and judicial practice of the innocent infringement system in China’s intellectual property rights written above, this part analyzes and discusses the innocent infringement system of the common law countries like the United States and Singapore, civil law countries like Germany and France, and Agreement On Trade-Related Aspects of Intellectual Property Rights. Comparative analysis summarized the similarities and differences of the innocent infringement system between China and those countries mentioned above, and induces a positive reference for the fourth part that discourses legislative and judicial suggestions to the innocent infringement system in China’s intellectual property rights.The fourth part is to improve the innocent infringement system in China’s intellectual property rights. Based on the foregoing three chapters discourse, this part offers judicial suggestions in perfecting the innocent infringement system of Copyright Law, unifying the standard of the innocent infringement system constitutive requirements and the criterion of proof that infringers knowing or not, and clearing or confirming other civil liability of innocent infringement. Combining judicial suggestion with overseas legislative experience of the innocent infringement system, this article suggests legislative suggestion of the innocent infringement system in China’s Patent Law, Trademark Law and Copyright Law.