2008Journal of Tongji UniversityRequires access

Theoretical Study on Liability Principles of Intellectual Property Infringement

Liu Ning

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Abstract

It's been disputed on liability principles of intellectual property infringement,especially,whether or not to combine such liability principles with tort liability except for remedies.When arguing on TRIPs or undergoing comparative study,it will be involving with non-negligence liability being or not introduced into such liability principles.Confusion on theoretical perceptions results in contradiction and vagueness in resolving intellectual property disputes when conducting administrative enforcement and judicial practice.This essay attempts to analyze certain issues on liability principles of intellectual property infringement with the envision to clarify such perceptions.

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It's been disputed on liability principles of intellectual property infringement,especially,whether or not to combine such liability principles with tort liability except for remedies.When arguing on TRIPs or undergoing comparative study,it will be involving with non-negligence liability being or not introduced into such liability principles.Confusion on theoretical perceptions results in contradiction and vagueness in resolving intellectual property disputes when conducting administrative enforcement and judicial practice.This essay attempts to analyze certain issues on liability principles of intellectual property infringement with the envision to clarify such perceptions.

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Available abstract

It's been disputed on liability principles of intellectual property infringement,especially,whether or not to combine such liability principles with tort liability except for remedies.When arguing on TRIPs or undergoing comparative study,it will be involving with non-negligence liability being or not introduced into such liability principles.Confusion on theoretical perceptions results in contradiction and vagueness in resolving intellectual property disputes when conducting administrative enforcement and judicial practice.This essay attempts to analyze certain issues on liability principles of intellectual property infringement with the envision to clarify such perceptions.

Key concepts: Liability, Intellectual property, Tort, Law and economics, Business, Strict liability, Vagueness, Enforcement

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