On The Way Of Civil Liability For Intellectual Property Infringement In China

In recent years,with the increasing of infringement cases,intellectual property infringement the civil liability way more and more attention and aroused the concert of the public,but in the process of practice,the existing problems and limitations duo to the infringement liability way,often made by the infringe in the face of the rights have been infringed upon overwhelmed or law can provide liability and its actual losses.The principle of tort bridge damage cannot implement,defeats the purpose of the legislation and purpose.Throughout the domestic and foreign legislation on intellectual property rights infringement,the liability for infringement of intellectual property mainly civil liability,so this paper writing from the ways of civil liability of infringement of intellectual property rights,which,combined with Germany,Japan,the United States a relatively complete legal system countries,such as the way of civil liability for infringement of intellectual property rights theory,some academicians,pointed out our country present stage about the plight of civil liability for infringement of intellectual property rights means and deficiency,and with practice,aiming at specific problems,suit the remedy to the case,puts forward some feasible solving thinking and thinking.Suggestions in the absorption,on the basis of the practice of other countries for reference in combination with the specific situation in our country,not blindly copying,earnestly do foster strengths and circumvent weaknesses,our advantage.For example,can consider to build system of punitive damages in our country,and clarify its applicable conditions and scope of application,prevent excessive protection of the holder;Cancel the restriction on the application of the statutory compensation sequence,the consistency of the unified legal norms,enhance the predictability of the law;When determining the compensation amount,considering the various factor affecting the infringement,to correctly apply the law.Hope these personal opinions to solve the problems existing in the ways of civil liability for infringement of intellectual property rights in China to provide reference and reference.