Analysis of the constituent elements and conceptual analysis of liability for intellectual property infringement

There is a close connection between liability for intellectual property infringement and acts of intellectual property infringement, but they are not exactly the same. To understand liability for intellectual property infringement, we first need to clarify what intellectual property infringement is. Intellectual property infringement refers to specific behaviors that infringe on the intellectual property rights of others. According to relevant laws and regulations, infringement may include but is not limited to general infringement, obstruction, and misappropriation.

1. Legal attributes of intellectual property infringement

Scholars have different views on this. Some scholars believe that intellectual property infringement is a general infringement and the principle of fault liability should be applied; while others argue that due to its diversity, the principles of fault liability and no-fault liability should be applied respectively. According to Article 63 of the Patent Law and Article 56 of the Trademark Law, excellent use or sales may still constitute infringement even if they are done in good faith. If the legal source is proven, the act can be exempted from liability for damages, but the legal responsibility to stop the infringement is still required.

This shows that subjective fault is not a necessary element when dealing with intellectual property infringement, thus broadening the scope of application of intellectual property infringement. To sum up, the basic attributes of intellectual property infringement include not only fault-related infringement, but also non-fault-free infringement.

2. Definition of infringement and intellectual property infringement

The definition of tort has an important basis in the Tort Law. There are differences in the academic circles in our country. One party advocates that fault should be a constitutive element and believes that one should be liable for compensation due to intentional or negligent infringement of the rights of others; the other side believes that fault is not a constitutive element. According to most legislative cases, torts are defined If you intentionally or negligently infringe upon the legitimate rights and interests of others, you shall be held liable for the resulting damage in accordance with the law. Intellectual property infringement specifically refers to the infringement of intellectual property rights and the various legal responsibilities that should be borne according to law.

3. Components of liability for intellectual property infringement

When discussing the composition of liability for intellectual property infringement, it is particularly important to consider the fact of damage. The fact of damage refers to the actual damage consequences, including property loss and mental pain. The definitions of infringement in the Copyright Law and Patent Law indicate that actions that do not cause actual damage (such as merely copying or manufacturing but not selling) do not necessarily lead to compensation for damages.

Specifically:

1. If acts such as copying and compilation as stipulated in the Copyright Law do not cause actual damage, no liability for compensation shall be borne;
2. The provisions on manufacturing and sales in the Patent Law also indicate that merely manufacturing or promising to sell a product without actually selling it does not necessarily constitute infringement;
3. Immediate infringement is an act that essentially threatens to cause harm but does not actually cause harm. It can still be determined as an infringement and must bear corresponding civil liability.

On the whole, the relevant provisions of my country’s intellectual property law show that the constitution of intellectual property infringement does not require the fact of damage. Therefore, in actual operations, attention should be paid to the possibility of broader legal application.