Civil relief for intellectual property infringement

Author: Zhang Guangliang
Publisher:
Publish Date: 2003-06-01
Features: The author, Zhang Guangliang, is a judge with years of experience in intellectual property adjudication. Unlike general legal textbooks, Civil Remedies for Intellectual Property Infringement comprehensively introduces the civil remedy system for intellectual property infringement while addressing almost all controversial hot topics in current intellectual property theory and practice. These include: the concept, legal characteristics of intellectual property, and the concept of intellectual property infringement; the applicable conditions for preliminary injunctions and in-court injunctions newly established in Chinese law; the right to know enjoyed by parties in litigation; the scope, principles, and calculation methods of damages for intellectual property infringement; the principles of liability for intellectual property infringement; the applicable conditions for civil liability remedies such as cessation of infringement, apologies, and elimination of adverse effects; imminent infringement and its remedies; and the statute of limitations for intellectual property infringement litigation. In Civil Remedies for Intellectual Property Infringement, civil remedies for intellectual property infringement are for the first time divided into pre-litigation remedies, in-court remedies, and post-litigation remedies. The author examines the purpose and specific content of each remedy, thereby constructing a framework for the theoretical system of civil remedies for intellectual property infringement. In the discussions of each section of the book, relevant intellectual property adjudication cases are used as illustrations. For some entirely new issues, the book provides examples of foreign civil remedies for intellectual property infringement and relevant legislative situations. Currently, author Zhang Guangliang serves as the Chief Judge and Assistant of the Fifth Civil Court (Intellectual Property Division) of the Beijing Intermediate People's Court. This book is a research outcome from the author's doctoral studies at the Peking University School of Law. Civil Remedies for Intellectual Property Infringement will greatly benefit lawmakers, practitioners, and researchers in re-examining intellectual property remedy issues.