The current legislation on intellectual property infringement has at least the following omissions.
First, about eliminating the impact. In fact, not only in the Copyright Law, but also in the fields of the Trademark Law and the Patent Law, there are problems of adverse effects on the right holders due to infringement, such as damage to business reputation and misleading consumers. Article 59 of my country’s Patent Law stipulates: “In addition to bearing civil liability in accordance with the law, the department in charge of patent work shall order rectification and make an announcement for those who counterfeit other people’s patents.” The editor believes that the “announcement” stipulated here by the patent management department is of course an administrative penalty measure in nature, but its purpose is to eliminate the impact, which is undoubtedly a civil liability that should be borne by the infringer. Regarding the elements of the form of liability for eliminating the impact, this book believes that in addition to the illegality of the behavior, it should also include objectively causing adverse effects and the existence of a causal relationship between the infringement and the adverse effects.
Second, about apology. There is no doubt that the basis for the existence of this form of liability is the need to protect personal rights and interests. We know that in intellectual property rights, except for trademark rights, which have no personal rights, copyrights and patent rights include personal rights.