One-Way Joint And Several Liability In The Tort Of Intellectual Property

In the tort of intellectual property cases,there is a special type of liability,which is expressed as "the first defendant bears all the liability for infringement,and the other defendants bear joint and several liability with the infringer who bears all the liability for a small part or a large part of the total liability".After statistics,this paper finds that most of the liabilities of producers and sellers of intellectual property infringement show such a state,However,there is no unified understanding in the academic circles about the liability form of producers and sellers of the tort of intellectual property.Based on the demonstration of the basic situation and shortcomings of the existing theories,this paper will put forward that this liability form belongs to one-way joint and several liability.Based on the current theory of several persons’ tort,this paper deduces the view that the composition of tort liability plays a decisive role in the assumption of tort liability.Starting from the causal elements of tort liability law,this paper uses the dichotomy of causal relationship:factual causal relationship and legal causal relationship to build a one-way joint and several liability system for intellectual property rights with causal relationship as the core,and demonstrates the source of one-way joint and several liability through factual causal relationship.If the difference between the two formulas or tests in the factual causality is not enough,that is to say,those that meet the two tests constitute one-way joint and several liability.It is demonstrated that the infringement of producers and sellers in intellectual property infringement constitutes one-way joint and several liability.At the same time,we should look for specific basis in the current law.Then it will be extended to the whole intellectual property infringement,and the one-way joint and several liability for intellectual property infringement will be typed.The specific classification standard is to classify according to different powers and functions,including the application of civil infringement in intellectual property infringement,the responsibility of producers and sellers,the responsibility of entrusted producers and producers,the responsibility of adjacent rights infringement and copyright,And in each type,the cause formula of one-way joint and several liability is used to demonstrate,so as to ensure that all types of one-way joint and several liability are established.At the same time,the last part of this paper will make a preliminary exploration on the calculation method of joint and several liability share and the factors considered.