Research On The Application Of Intellectual Property Rights Infringement System In Good Faith

Our country's intellectual property system has been revised several times and gradually stipulated good-faith infringement clauses,which are mainly reflected in Article 59(1)of the Copyright Law,Article 77 of the Patent Law and Article 64(2)of the Trademark Law There are clear legal provisions,but they are all in principle.At present,there is no clear and specific determination on the applicable standards of the bona fide infringement system.In my country's copyright law,patent law,and trademark law,the applicable subject of bona fide infringement and the proof of legal source are similar,but judicial practice and legislative provisions are somewhat different.deviation.Specifically,in the "Copyright",there are two types of infringements that constitute good faith: one is the publisher or producer who can prove the legally authorized copy,and the other is the publisher or audio-visual copy that can prove the legal source of the copy.The renter of copies of works,computer software,audio and video products did not mention the subjective status of the infringer.In the "Patent Law",it is a well-intentioned user,promised seller or seller who can prove a legal source for production and business purposes.In the "Trademark Law",it is a good faith seller who can prove the legal acquisition and explain the provider.The criteria for determining the subjective status of "don't know" and the legal source are also general rules.Based on this,the legal requirements should be combined with judicial practice to refine and unify the identification standards for bona fide infringement of intellectual property rights: the applicable subject is identified as the generalized seller of non-infringement source;the subjective “unknowing” is identified as impossible to know or not Reasonable reasons should be known.In the determination standard,it should be proved by reasonable care obligations and objectively legal sources;objective "legal sources" refer to the acquisition of products through normal commercial methods such as legal sales channels,sales contracts with reasonable consideration,etc.In addition,the infringer shall provide the following authentic proof materials: counterparty of the contract,delivery note(receipt of goods),commercial invoice(receipt of payment).In this way,firstly,the inconsistency in the application of the law in the judicial practice of the bona fide tort system is resolved,and the authority of the law is improved;secondly,the specific identification standards in the bona fide tort system are clearly refined to make the relevant legal concepts clearer;Finally,it unifies the applicable standards for bona fide infringement in the field of intellectual property rights,and maintains the unity of the basic systems of several specialized laws such as the Patent Law,the Trademark Law,and the Copyright Law.