The Research Of Intellectual Property Tort Imputation Principle

Intellectual property infringement liability is a tort basis for evaluating the value of human behavior,a basis of the infringer and standards to assume responsibility.Due to the imputation of liability is the basis and premise of bearing the responsibility.Imputation principle throughout the intellectual property law and plays a Chief role of norms.Therefore,the correct application of the principle of liability concerning the party’s interests,In the theory of Chinese traditional civil law,non-fault responsibility treated as a general principle of liability.But under the conditions of new period and technologies,Single fault liability is unable to untake this great task,this concerns the protection of proprietary rights and its full benefit of information technology,the unity of administration of Justice in our country.Therefore,the author simply express the principles of liability for infringement of intellectual property rights,in order to get guidance.In this paper,the author redefining intellectual property definition of tort liability,from the aspact of basic theories of Imputation principle of intellectual property tort.Providing the theoretical basis for the final conclusions,Through the legal analysis of application to the Tort Liability Principles.On this basis,the author analyse and compare the application of Common Law Legal System,civil law systems and the TRIPS Agreement,in order to arrive at a unified point of view for reference.Through coparative analysis,combined with the particularity of the infringement of intellectual property rights,the author thinks a single Fault Liability Principle is unable to deal with the infringement of intellectual property rights in the new era.By understanding the status of China’s intellectual property law,combined with the specific situation,the author insists on the theories of Fault Liability Principle,Presumption of Fault Liability Principle as a supplement,and tried to introduce the Principle of non-fault responsibility.