On Civil Liability for Infringement of Intellectual Property Rights

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 embodies special qualitative characteristics. This book starts from the characteristics of intellectual property and explores the special issues that arise in the intellectual property remedy system under the influence of its legal characteristics, which are different from those of general civil torts and 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 infringement of intellectual property rights, presenting its own viewpoints. In the detailed discussion of constituent elements section, it focuses on torts in the field of intellectual property, the unlawfulness of acts, the negligence of actors, infringement damages, and compensation, and points out the special characteristics of civil liability for infringement of intellectual property rights under the influence of its features, which differ from the constituent elements of traditional civil tort liability.