2006Hebei faxueRequires access

Research on the Doctrine of Liability of Tort of Intellectual Property ——And discuss with the writer of no-fault liability

Feng Xiao-qing

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Abstract

The criterion of liability of intellectual property infringement is a very important issue in the research of the theory of intellectual property law. There exists divergence as to such issue in academic circle as well as practical circle in China, of which a typical view is to hold no-fault liability. The birth of such opinion arises from some special contexts. The authors hold the principle of fault-liability. And based on the perspective of related doctrine of tort law and intellectual property law, the authors probe into the justification of the acceptance of the principle of fault-liability, and express the doubts on the one of no-fault liability.

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The criterion of liability of intellectual property infringement is a very important issue in the research of the theory of intellectual property law. There exists divergence as to such issue in academic circle as well as practical circle in China, of which a typical view is to hold no-fault liability. The birth of such opinion arises from some special contexts. The authors hold the principle of fault-liability. And based on the perspective of related doctrine of tort law and intellectual property law, the authors probe into the justification of the acceptance of the principle of fault-liability, and express the doubts on the one of no-fault liability.

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Available abstract

The criterion of liability of intellectual property infringement is a very important issue in the research of the theory of intellectual property law. There exists divergence as to such issue in academic circle as well as practical circle in China, of which a typical view is to hold no-fault liability. The birth of such opinion arises from some special contexts. The authors hold the principle of fault-liability. And based on the perspective of related doctrine of tort law and intellectual property law, the authors probe into the justification of the acceptance of the principle of fault-liability, and express the doubts on the one of no-fault liability.

Key concepts: Tort, Doctrine, Intellectual property, Strict liability, Liability, Law, Law and economics, Property (philosophy)

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