What are the liability principles for trademark infringement in my country?

As a basic theoretical issue, the principle of liability for trademark infringement is rarely discussed. The lack of clarity in theory has led to many problems in our judicial practice of protecting trademark exclusive rights. This article intends to use economic analysis methods as a guide to make a macro-comparison between the two attribution principles of fault liability and no-fault liability, and to evaluate the history and current situation of my country's trademark infringement legislation. Let’s take a look with the editor of Legal Savior Network.

What are the liability principles for trademark infringement in my country

Fault liability principle and no-fault principle The meaning of the liability principle and new options for my country’s trademark legislation

(1) The meaning of the fault liability principle and the no-fault liability principle

Generally speaking, fault refers to the intentional and negligent state that controls the Actor to engage in legally and morally reprehensible behavior. In other words, it refers to the actor's behavior that violates the law and morality. subjective state. That is to say, fault is a concept that combines subjective and objective elements. It is the subjective state hidden behind the objective behavior of the actor. It has two forms of intentionality and negligence.

(2) New options for trademark legislation in my country

As far as trademark infringement is concerned, there is no doubt that , in fact, most torts are committed intentionally or negligently (that is, at fault) by the perpetrator.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.