What is intellectual property infringement

There are many types of Intellectual property rights, including copyrights, trademark rights, and patent rights. Intellectual property rights are recognition of the wisdom of other people’s brains and are protected by law. If there is an infringement of intellectual property rights, you need to bear corresponding legal liability. . So, what is intellectual property infringement? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

What is intellectual property infringement

Intellectual property infringement refers to the behavior of an actor that objectively infringes on the intellectual property rights of others The property rights or personal rights shall bear civil liability. Infringement is the trampling and deprivation of the labor of the creators of intellectual property, and it is a corrosive agent that harms scientific and technological progress and cultural prosperity. In recent years, as people from all walks of life have become more aware of intellectual property rights, they have consciously tried their best not to infringe on other people's intellectual property rights.

Intellectual property infringement generally includes trademark infringement, patent infringement, Copyright (i.e. copyright) infringement.

What constitutes intellectual property infringement is a matter of dispute among scholars More questions. 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 cause and effect. 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.

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