What are the liability methods for intellectual property infringement?

The status of intellectual property is getting higher and higher, and people are paying more and more attention to it. It is one of the most important driving forces for the progress of modern society. However, in practice, intellectual property infringement is widespread, and many infringing parties do not know how to bear the infringement. Responsibility, sometimes if you don't pay attention, you may even harm yourself or the interests of others. Below, the editor of Legal Savior Network will explain to you "What are the liability methods for intellectual property infringement". I hope it will be helpful to everyone.

What are the liability methods for intellectual property infringement

In our country, trademark law, copyright law, and patent law are the In the subject's intellectual property legal system, for infringements, it mainly stipulates the forms of liability such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses.

1. Stop the infringement. As long as it constitutes intellectual property infringement, it also constitutes civil liability to stop the infringement. Here, the elements of infringement and infringement liability are the same. In addition, my country's Trademark Law, Copyright Law, and Patent Law all have similar provisions on imminent infringement: when the right owner or interested party has evidence that others are about to infringe on their intellectual property rights, if it is not stopped in time, If their legitimate rights and interests will be irreparably damaged, they may apply to the People's Court for measures to order the cessation of relevant actions and property preservation before filing a lawsuit. For the right holder, this is similar to the right to prevent nuisance in the property right claim. For the obligor, as long as his behavior is illegal, it constitutes an infringement, and he should bear the civil liability to stop the infringement.

2. Eliminate the impact and apologize. In current legislation, only the Copyright Law stipulates these two forms of liability, and their constituent elements are not clearly defined. It seems that onlyTo constitute copyright infringement, one must bear civil liability to eliminate the impact and apologize.

3. Compensation for losses. The principle of fault liability applies to compensation for losses, and its constituent elements are the complete "four elements", namely: the fact of damage, subjective fault, the illegality of the behavior, and the causal relationship between the behavior and the fact of damage.

4. Return of unjust enrichment.

Crack down on infringements, improve the intellectual property legal system, It is of great significance to the establishment of a country ruled by law in our country. If you have any intellectual property disputes, you can consult online on the Legal Savior Network. We have professional lawyers to answer relevant questions for you and protect your interests.