Along with the market economy development with China's being WTO entry, the intellectual property rights right infringement dispute case increases day by day, enjoys intellectual property rights and so on the copyright, trademark, patent for the protection intellectual property rights person does not receive violates, determined the violation intellectual property rights the civil liability must use He Zhonggui the responsibility principle, is not merely one of intellectual property rights theorists debate crucial questions, also is the judicial practice department's focal point asks
one of topics.Determined the good intellectual property rights right infringement responsibility turns over to the responsibility principle, not only may promote our country intellectual property rights right infringement theory establishment and the consummation, promoted our country intellectual property rights judicature and the administrative law enforcement level enhancement.
This article comes from five parts to discuss the intellectual property rights right infringement to turn over to the responsibility principle
first part of main introduction intellectual property rights shallowly to turn over to the responsibility principle to become the hot spot the background as well as the summary introduction intellectual property rights right infringement responsibility theory
second part key turns over to the responsibility principle theory to the intellectual property rights right infringement to carry on analyzes.Introduced the mistake responsibility principle in detail, non-mistake responsibility principle and mix responsibility principle.
The third part mainly is introduced the West intellectual property rights turn over to the responsibility principle correlation stipulation.Introduced Japan separately, Germany, US and England.Two big legal systems turn over to the responsibility principle regarding the intellectual property rights the correlation stipulation.Obtains regardless of is in the mainland legal system country or the British and American legal system country, the intellectual property rights
legislation has picked the mistake file responsibility principle to the right infringement damage compensate responsibility, has not appeared the non-mistake principle stipulation the result. The fourth part is elaborates our country intellectual property rights right infringement to turn over to the responsibility principle.Our country civil law legislation and the theory also the mistake responsibility in principle determined most basic turns over to the responsibility principle for the abuse of authority law. The related article stipulation as well as our country judicature trial practice looked from "the General provisions of the civil law" that, the mistake estimates suitably in each kind of special abuse of authority.Based on our country "General provisions of the civil law" 106th 3rd section stipulation, only then has the special regulation situation in the law, can be suitable the non-mistake responsibility principle.
Moreover myself thought the fair responsibility may take an item independent turns over to the responsibility principle to be suitable.
The fifth part obtains our country intellectual property rights right infringement through the detailed elaboration to be suitable the mistake principle and the non-mistake principle dual turns over to the responsibility system the conclusion.
Key word: The intellectual property rights right infringement turns over to the responsibility principle mistake estimation
——累死了,纯手工翻译,尽管经济学硕士毕业,但已经是几年前的事情了。翻译起来还真累。
参考资料:人工翻译(脑子)