Research Requirements Of The Defense Of Legal Sourse In Intellectual Property Infringement

As the market economy develops continuously,the phenomenon of infringement about intellectual property in commodity trades has also increased significantly.Most of the IPR holders choose litigation to protect themselves.As the "defense of legal source" clause stipulated in the intellectual property laws is in completely widespread use by the sellers in infringement litigation to fight against plaintiff's claim for damages.However,China's system of the legal sources defense is not perfect,the main problem is that the system of legal source defense shows a lack of consistency in the intellectual property system and the requirements are not clear,which leads to the inconsistency of judicial judgment scale,and also endangers the judicial authority and the legitimate rights and interests of multiple parties.The legal source defense system is related to the balance between the IPR holder and the social public interest,it affects the development of the whole society.Therefore,based on the original intention and purpose of the construction of the legal source defense system,it is of great practical significance to unify and improve the requirements of the legal source defense of intellectual property.On the basis of previous research results,this paper puts forward proposes,by actively drawing on the advanced legislative experience of foreign countries,and combining with the Chinese reality,to develop the legal system and make interpretation.This paper holds that,on the one hand,the intellectual property law should unify and coordinate its provisions about the system of legal source defense.on the other hand,the constituent requirements of the system should be in a unified way:improve the scope of the subject,make clear that the subjective aspect requires "don't know",the aspect of object requires "claim for damages" and objective aspect requires "legal source",In addition,to specify the supply information is the special requirement.This paper is divided into five sections,mainly including the following contents:The first section is about an overview of the legal source defense system.Through the discussion of the relevant concepts,historical revisions,basic theory and system value,we can get a basic understanding of the legal source defense system.The second section is about the present status and problems of the defense of legal source of intellectual property infringement in China.Through the legislative comparison of the current copyright law,trademark law and the patent law and the interpretation of the current situation of judicial adjudication,this paper analyzes and summarizes the main problems of the current system.The third section is about the investigation and enlightenment of foreign law.Based on the relationship between innocent infringement and compensation for damages,this paper investigates the relevant legislation and specific cases of the United States,Singapore and Germany,as well as the relevant provisions in TRIPS and ACTA agreements,to obtain scientific and reasonable points,so as to provide reference for the improvement of China's defense legal source defense system.The fourth section is about the analysis of the requirements of the defense of legal source of intellectual property infringement in China.First of all,it discusses the rationality and necessity of unifying and coordinating the provisions of the defense of legal source;secondly,it discusses the specific requirements,combining with judicial cases to analyze the subject,subjective,object and objective aspects.The fifth section is about the suggestions to improve the requirements of the defense of legal source in intellectual property infringement.On the basis of the analysis and discussion in the previous part,in order to harmonize the provisions of the defense of legal source and improve the specific requirements,I put forward my own suggestions on the current clauses of defense of legal source.