Is brand piracy an intellectual property infringement?

It is very difficult to create an intellectual property project or content, but it is very easy to pirate the intellectual property content. So everyone must support the genuine version. Does this kind of piracy infringe on the other party's intellectual property rights? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

Is brand piracy an intellectual property infringement?

What constitutes intellectual property infringement? , is a controversial issue among scholars. Some scholars have elaborated on the composition of intellectual property infringement from the four aspects of general civil infringement:

1. Regarding the issue of illegality. This is an important component of intellectual property infringement. Although many scholars in academia are studying whether illegality should independently become a component of infringement, at least in the field of intellectual property infringement, illegality is indispensable. .

2. Regarding the fact (result) of damage. In the constitution of infringement in general civil tort theory, whether it is the three-element theory, the four-element theory or the five-element theory, it is believed that the fact of damage is one of the constituent elements of civil tort. However, many scholars have proposed that in the constitution of intellectual property infringement In the case of intellectual property infringement, the fact (result) of damage is no longer a necessary component, which is also one of the differences between intellectual property infringement and general civil infringement.

3. About causality. This is a necessary requirement for civil torts in general civil tort theory. However, since some intellectual property infringements do not require damaging consequences, only intellectual property infringements that cause damaging consequences need to determine the liability of the infringer. The determination of causality is meaningful only when the degree of responsibility is determined.

4. Regarding subjective requirements. In the civil tort theory described above, one of the essential elements for the formation of a general infringement is that the infringer is subjectively at fault. However, subjective fault is not an essential element for the constitution of intellectual property infringement. Article 63, paragraph 2, of my country’s Patent Law and Article 56, paragraph 3, of the Trademark Law both establish liability for infringement without fault. It can be seen from the above legislative examples that even if the perpetrator is not at fault, he should still bear tort liability, but the tort liability he bears will be greater than if he is at fault.In addition to the tort liability of stopping the infringement, destroying the infringing products, eliminating the impact, etc., the faulty actor often also has to bear the liability for damages.

The above content is the relevant answer. The act of piracy must have infringed on the intellectual property rights of others. If it reaches a serious level, then the intellectual property owner can definitely file a lawsuit in the People's Court and demand that he bear the corresponding consequences. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.