On Civil Liability for Infringement of Intellectual Property Rights: A Study Based on the Characteristics of Intellectual Property

Author: Yang Ping
Publisher:
Publish Date: 2005-06-01
Features: As a relatively recent category in the development of civil law, intellectual property law not only inherits some inherent values and principles of civil law but also contains special qualitative characteristics. This book starts from the characteristics of intellectual property to explore the special issues that arise in the intellectual property remedy system under the influence of its legal characteristics, which are different from general civil torts and their civil liabilities. The book mainly consists of two parts: an overview of basic theories and a detailed discussion of constituent elements. In the basic theory section, it primarily analyzes the characteristics of intellectual property and the civil liability system for infringing intellectual property rights, one's own views; in the detailed discussion of constituent elements section, it focuses on discussing torts in the field of intellectual property, the unlawfulness of the act, the fault of the actor, the infringement damages and their compensation, and points out the special characteristics of civil liability for infringing intellectual property rights under the influence of the characteristics of intellectual property, which are different from the constituent elements of traditional civil tort liability.

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