Study on Criterion of Liability in Infringement of Intellectual Property Right

Ting Song

《International Journal of Social Science and Education Research》 5卷9期 (2022/09) Pp. 70-76

https://doi.org/10.6918/IJOSSER.202209_5(9).0010

摘要

Criterion of Liability in Infringement of Intellectual Property Right (IPR) has always been the topic of debate in academia. In practice, the law enforcement officers are often at a loss. The opinion of author is as followings: Infringement liability can be divided into injunctions and damages. Fault liability applies to injunctions, and no‐liability applies to damages. In order to figure out the criterion of liability in infringement of IPR, the author firstly introduce the meaning of criterion of liability in jurisprudence, which is the fundamental basis for all branches of law; then the author compares the IPR with proprietary rights, and concludes that IPR also have the right of the IPR claim, just the same as right of the real claim, combined with the characters of IPR, fault liability applies to injunctions. Finally, the author conclude that no‐liability applies to damages, however, the infringer takes the burden of proof.

關鍵字

Intellectual Property Right (IPR) ； Criterion of liability ； The right of real claim ； Right of damages claim ； Fault liability ； No‐liability

參考文獻

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