On Cessation Of The Infringement’s Application Exception In The Field Of Intellectual Property Rights

In intellectual property litigation,It is an important remedy for the right owner to bear the tort liability,The protection of stop infringement as an absolute right,Reasonable correct apply in the cases of infringement of intellectual property is of great significance.Intellectual property has a certain quasi-property rights,So the cessation of tort liability is almost exclusively applicable,This ignores the intellectual property rights as a kind of property rights is not clear boundaries,with a certain public policy and other unique characteristics,To a certain extent caused the excessive protection of intellectual property rights,Undermining the innovative purpose of intellectual property.therefore,In the field of intellectual property,It is necessary to define the specific application of the infringement liability.In judicial practice,Intellectual property rights are infringed,As long as the right holder to make an order to stop the infringement of the defendant claims,The court found on the basis of the infringement,Will be ordered to stop the infringement of the defendant ordered.Although there are some sections of the court case in the lawsuit dismissed the claim that the infringer to assume responsibility for the infringement of the proceedings,however,There is no clear standard for how to apply for cessation of liability.In order to solve the problem of the application of tort liability in the scope of intellectual property rights,n this paper,through the case study and theoretical analysis of the scope of the application of intellectual property rights to stop infringement liability analysis,And to explore the function of stopping the infringement,Does not apply to the case of cessation of liability,As well as the specific alternative measures to replace the cessation of infringement liability.And draw the conclusion,If the commitment to stop the infringement will result in significant imbalance between the parties,contrary to the public interest or the actual can not be implemented,Can be measured by the judge according to the specific circumstances of the case,Do not convict infringement Everyone assumes responsibility for cessation of infringement,And take more adequate compensation or economic compensation and other alternative measures.