What is the principle of liability for damages for trademark infringement?

Liability refers to the basis on which an actor should be held responsible after the fact that his actions and objects cause damage to others. What is the principle of liability for trademark infringement damages? Below, the editor of Legal Savior Network will provide detailed answers to the above questions, hoping to clear up your doubts. Next, everyone will follow the editor to take a look.

What is the principle of liability for damages in trademark infringement

Since trademark right is an intangible property right, it is essentially a property A type of right with special properties such as intangibility, reproducibility, and uncertainty in the protection period. These particularities determine the difference between the liability principles for trademark infringement damages and general civil infringement liability principles, that is, trademark infringement damages The principle of liability for compensation should be applied to the principle of presumption of Fault.

The principle of presumption of fault is an independent principle of liability .

The principle of presumption of fault is only the development of the principle of fault liability. It is a special form of the fault liability principle. The principle of liability is the core of civil tort law and its theory. The main reason is that the principle of liability is the basis and foundation for determining civil tort liability. The importance of the principle of liability lies in the problems it solves in determining civil liability in practice. To discuss the principle of presumption of fault theoretically, it is incomplete to think that the principle of presumption of fault is not an independent principle of liability, or it ignores the true significance of exploring the principle of liability. No matter from the practical significance of the principle of presumption of fault or from the theoretical point of view, the principle of presumption of fault has different characteristics and unique practical significance from the principle of fault liability and the principle of no-fault.

From the perspective of the formation process of the principle of presumption of fault, the reason for its emergence is the legal countermeasures that have emerged in the situation of various accidents and the increasing number of accidents in modern industrial society. They are based on social needs. The content of fault liability has been updated to meet the needs of objectification of liability in modern society. The principle of presumption of fault has been widely used in some special torts, and with the development of social economy, the scope of adaptation of the presumption of fault is also constantly expanding.

There is a difference between the principle of presumption of fault and the principle of fault liability The principle of fault liability is a liability principle that uses the actor's fault as a value judgment standard to determine whether he should bear tort liability. It is essentially a value judgment on the non-morality and anti-social nature of personal behavior. It "marks "It refers to the actor's contempt for social interests and the interests of others when committing injurious acts, and his disregard for obligations and public behavioral norms." Because of this contempt and indifference, the actor deserves to be condemned and punished. The principle of fault liability not only regards fault as It also takes fault as the main basis for determining the scope of the actor's liability. The principle of presumption of fault means that if the plaintiff can prove that the damage he suffered was caused by the defendant, but the defendant cannot prove that he was not at fault, the law It should be presumed that the defendant is at fault and should bear civil liability.

The difference between the principle of presumption of fault and the principle of fault liability mainly lies in: First, the principle of proof of fault liability is "whoever claims it shall prove it", that is, the victim must prove the infringement if he wants to request compensation for damages. People have fault. In the principle of presumption of fault, the method of inversion of proof is implemented. If the tortfeasor cannot provide evidence to prove that he is not at fault, he must bear the corresponding liability. This is the difference between the principle of fault and the principle of presumption of fault. The biggest difference.

The second is the strict distinction between fault liability principles The fault of the tortfeasor and the fault of the victim are also used to determine the scope and degree of liability. In the presumption of fault, since the fault itself is difficult to infer, in most cases, it is difficult to determine the fault of the tortfeasor The third is that the principle of fault liability strictly distinguishes between the fault of the injurer and the situation of mixed fault, and requires that the ratio be applied in mixed fault.Comparative negligence rule. In the principle of presumption of fault, since fault itself is presumed, in many cases it is difficult to determine the degree of fault of the presumed tortfeasor and compare it with the fault of the plaintiff to determine the scope of liability of both parties.

Everyone will understand after reading the content of this article Well, this is also relatively important legal knowledge at present. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.