Principles of Liability Recognition and Petition of Design IPR
Lei Lv
Abstract
Lei Lv
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.
Key concepts: Intellectual property, Liability, Tort, Strict liability, Doctrine, Law, Law and economics, Property (philosophy)