论文部分内容阅读
知识产权侵权归责原则是知识产权侵权法理论的核心问题,也是司法实践中处理知识产权案件的重要准则,因而很值得探讨。我国学术界和实务界对这一问题的认识存在分歧,其中一种突出的观点是主张无过错责任原则。但在设计知识产权问题上,该原则显得非常不符合行业现状和需要。作者主张设计知识产权侵权归责应实行过错责任原则,并在考察侵权行为法、知识产权法相关原理的基础上对无过错责任论提出质疑。
The principle of attribution of IPR infringement is a core issue in the theory of IPR infringement and also an important criterion in the handling of IPR cases in judicial practice. Therefore, it is worth discussing. There is disagreement on this issue among academics and practitioners in our country. One outstanding point of view is that the principle of faultless liability should be advocated. However, on the issue of designing intellectual property rights, this principle appears to be very inconsistent with the status quo and needs of the industry. The author argues that the principle of liability for fault should be implemented in the design of infringement of intellectual property rights and questioned the theory of no-fault liability on the basis of investigating the related principles of tort law and intellectual property law.