2003•Journal of Hubei University of EconomicsRequires access

On the Imputation Principles for Tort upon Intellectual Property

Liu You

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Abstract

The imputation principles for tort refer to the general norms by which the define behaviors take liabilities for the tort. It has caused concerns around the theoretical circles. As a special civil tort behavior, the tort upon intellectual property should follow liability for fault principle and liability without fault in different conditions. Generally, we should follow the principle of liability without fault while we should follow the principle of liability for fault on the condition that the law stipulates the subjective fault of the behaviors is the element of tort upon intellectual property.

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What this paper is about

The imputation principles for tort refer to the general norms by which the define behaviors take liabilities for the tort. It has caused concerns around the theoretical circles. As a special civil tort behavior, the tort upon intellectual property should follow liability for fault principle and liability without fault in different conditions. Generally, we should follow the principle of liability without fault while we should follow the principle of liability for fault on the condition that the law stipulates the subjective fault of the behaviors is the element of tort upon intellectual property.

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Available abstract

The imputation principles for tort refer to the general norms by which the define behaviors take liabilities for the tort. It has caused concerns around the theoretical circles. As a special civil tort behavior, the tort upon intellectual property should follow liability for fault principle and liability without fault in different conditions. Generally, we should follow the principle of liability without fault while we should follow the principle of liability for fault on the condition that the law stipulates the subjective fault of the behaviors is the element of tort upon intellectual property.

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

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