Study On The Restriction Of The Cessation Of Torts Under Copyright Infringement

With the development of industrial technology,intellectual property is becoming more and more complicated.Its invisibility,cluster and publicity are increasingly prominent.The strong protection rules of intellectual property rights are restricting the public benefit of intellectual property.In recent years in some copyright infringement cases,the court ruled that the defendant infringement fact,did not support the plaintiff demands about stop the infringement,but the defendant to pay a certain amount of reasonable use and other remedies,granting the infringer can continue to use the copyright.However,there is no clear legal basis in the copyright law for the application of the limitation of the court to stop the liability of infringement,which leads to some disputes on the limitation of the liability to stop the infringement.But stop the infringement liability applicable situation facing in the copyright infringement is a fact that the existing legal provisions and the rational use of copyright law system has not just the benefits of the parties,it is necessary to limit the application of the Cessation of Torts from the legislation.This paper first analyzes the current situation and causes of the application of the Cessation of Torts.The provisions of the existing copyright law on tort liability has great limitations,as well as a specific attribute of the intellectual property rights and benefit balance principle,suggested that the limit of the application of the Cessation of Torts has the urgency and the legitimacy.On the basis of this,this paper discusses the problems of the lack of legislation,the lack of standard and the insufficient remedial measures on the Cessation of Torts under Copyright Infringement.Again after,represented by the United States and Germany,this paper investigates the comparison method to limit stop the infringement responsibility both legislation explicitly set forth and cases instruction.The specific application of this responsibility in intellectual property infringement is regulated by foreign countries.Finally,the author discusses the improvement measures to stop the limitation of liability.On the applicable standard,the important measure to limit the application of the limitation of infringement is to balance the interests of the parties or the public.We should draw lessons from the judicial practice and the foreign relevant experience on the basis of the definition and classification of public interest in copyright law,making analysis to several cases of the parties interests imbalance,to provide measures and remedial measures for the court ordered does not apply to the Cessation of Torts.At the same time,we should guard against the abuse of the party's autonomy and public interest,so as to achieve the law of copyright law and encourage creation and dissemination.