Application Of The Liability Principle For Wrongful Application Of The Intellectual Property Right Behavior Preservation

With the continuous development of social economy,China has a large number of violations of intellectual property rights.In this context,the establishment of China’s intellectual property rights to protect the application of the wrong principle is imminent,on the one hand is to protect intellectual property rights to protect the legitimate rights and interests of the applicant,on the other hand,but also to prevent the abuse of intellectual property rights of the applicant abuse Its rights and thus cause adverse consequences.On the basis of collecting and studying the relevant literatures at home and abroad,this paper analyzes the concept of behavior preservation first,and then analyzes the concept of behavior preservation and property preservation,first implementation,enforcement measures and temporary injunction.The distinction between the study and so on,and thus concluded that the behavior of the preservation of its particularity.On the basis of this,the error of the application of the application is divided into two types: the application object error and the application scope error.At the same time,the applicant’s application is made in accordance with the subjective existence of the fault.Again,in comparison with other systems,it is recognized that behavior preservation has its particularity in terms of legislative purpose,applicable object,effect of implementation,and means of implementation and conditions of application.This series of factors will be affected by the difference in the type of application Application of the principle of error attribution.Therefore,on this basis,we focus on the analysis of the two theories of behavior preservation,such as the principle of fault liability,the principle of no fault liability.This paper analyzes the applicability of the principle of process liability in our country and the drawbacks of the principle of no fault liability.Therefore,it is concluded that the application of the principle of liability is chosen when there is an error in the application of intellectual property rights.Finally,through the analysis and summarization of these factors,and through the above analysis of the principle of imputation,and ultimately that the application of intellectual property rights in the application of the wrong choice of the principle of application process is chosen.And considering the advantages of the principle of no-fault liability,the relevant system construction shall be perfected and the lawful rights and interests of the two parties shall be preserved.