Sellers' Liability For Damages From The Perspective Of Intellectual Property Law

The intangibility of the object of intellectual property and the regionality of the scope of exercise results in the issue of the scope of damages in intellectual property rights disputes,which are obscure and difficult to be determined in the practice.In order to solve this problem,based on the theory of general tort law and on the basis of the analysis of the particularity of intellectual property right infringement,the principle of liability fixation,the constitutive requirements,the scope of compensation,and the method of calculation are explained in detail.Besides,the corresponding suggestions are put forward and tested in combination with practice.In addition,considering the importance of the seller in promoting the circulation of knowledge products,the exemption clauses of the sellers of knowledge products are combed and fully explained,in which the objective grasp of the subjective conditions of the sellers' right of defense and the proof standard of the objective conditions are the focus of exposition.This involves the seller's subjective fault identification standard and how to grasp the whole case evidence under specific circumstances.Finally,on the basis of collecting a large amount of academic data and trial cases,the method of integrating the applicable conditions of the right of defense is proposed.