Research On Intellectual Property Indirect Infringement Liability Of Internet Service Provider

While opening up new spaces for people to interact with,the Internet has also brought new risks and impacts to intellectual property protection.Like other property rights systems,infringement is a major problem that the intellectual property system cannot avoid.With the development of modern Internet technology,the infringement of intellectual property rights has shown an infinite expansion trend.Objectively,the Internet service providers provide technical support for the direct infringer to commit infringement.When the specific conditions are met,the corresponding responsibility should be assumed,that is,the Internet service provider's intellectual property indirect infringement liability.This paper aims to comprehensively sort out the liability of indirect infringement of intellectual property rights of Internet service providers from the aspects of theoretical basis,theoretical basis,imputation principle,responsibility composition and responsibility commitment.In the first part,it discusses the rationality of the theory of"Verkehrspflicht" as the theoretical basis of Internet service providers' liability for indirect infringement of intellectual property.The rationality lies in the fact that the theory of communication security obligation,as a result of German civil law to adapt to the modern risk society,is highly inclusive and open,which can be applied to the network space and indirect infringement.In the second part,in view of the fundamental role of imputation principle in theoretical research,this paper starts from the imputation principle of different legal sources in China's Infringement liability law and regulations on the protection of the right of information network dissemination,discusses the imputation principle of different legal norms in China,and at the same time,thinks about how to solve the problem in judicial practice.The third part discusses the constitutive elements of internet service providers' intellectual property indirect infringement liability.Since the "Verkehrspflicht" has also caused an impact on the theory of the three classes of infringement liability in German civil law,the illegality class and the responsible class are somewhat different.Correspondingly,the constitution of internet service providers' intellectual property indirect infringement liability includes the infringement constitutive class and fault class.The last part returns to the responsibility of internet service providers for the indirect infringement of intellectual property rights.Under different circumstances,internet service providers should bear the responsibility in different ways,such as stopping the infringement and compensating for the loss.As for the share of damages,internet service providers should bear joint liability and supplementary liability according to different subjective faults.