The Legal Analysis of the Protection for Intellectual Property Right Basis on the Right of Petition |
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Author | DengHao |
Tutor | YangSuiQuan |
School | Sichuan University |
Course | Civil and Commercial Law |
Keywords | Intellectual property rights Claim Intellectual property claims Restitution of Unjust Enrichment rights Tort damages claim |
CLC | D923.4 |
Type | Master's thesis |
Year | 2006 |
Downloads | 160 |
Quotes | 0 |
At present, China's legislative and judicial, civil law protection of intellectual property rights in the Tort Liability hub. In accordance with the General Principles of the Civil Law of Tort Liability commitment, covering both content right on the civil law of tort liability and absolute right to - as infringing civil liability tort effects, both tort of debt, that tort damages claims, including civil law as an absolute right to request the right to stop the infringement, eliminate the obstruction, eliminating the danger of the return of property. In fact, the traditional civil law has never been a tort occur according to one debt. However, the provisions of the current law on tort civil liability, tort law effects far beyond the scope of the \. It is a summary of the legal norms and simple, resulting in the concept of the plight of China's Tort Liability. Although the concept of China's Tort Liability forcibly unified the two traditional concept of the right to request the right to claim damages and absolute rights in the civil law, but they can not hide the two unite in differences in the effect of the applicable conditions and legal. Tort Liability civil law as the protection of intellectual property rights, in theory and in practice will produce a series of contradictions. Of Civil Protection of intellectual property theory and judicial practice wrongdoing subjective fault, prejudice to the fact that whether the point of contention of the constituent elements of the infringement of intellectual property rights, as well as the right to limitation of actions for the enrichment of divergent views. This paper reveal the full meaning of the civil liability concept in the theory and practice of the plight of the concept of deconstruction. Intellectual property rights have been infringed, the rights of the wrongdoing people can produce different claims: claims of intellectual property infringement of intellectual property rights, the right to claim damages and infringement of intellectual property rights infringement of intellectual property rights of the Restitution of Unjust Enrichment rights. The one hand, on the intellectual property rights of infringement of intellectual property rights, the right to request the wrongful act of subjective fault actual damages and rights Elements, infringement