我国知识产权侵权归责原则探析

知识产权侵权在我国应采取何种归责原则,在我国知识产权界和司法实务界一直是一个颇具争议的问题。本文分析了现阶段我国知识产权侵权所存在的归责原则,认为我国应在知识产权侵权中建立过错责任原则和无过错责任原则的二元归责原则体系,同时指出了过错责任原则和无过错责任原则应分别适用的场合。

Research on Principles of Assumed Liability for Against the Violation of Intellectual Property in Our Country

It is a disputed question in intellectual property and law circles which principle of assumed liability should be taken against the infrigement of intellectual property in our country.This paper analyzes the principle of liability for infrigement which has been used in intellectual property at present,and considers a binary principle which should be built,and at the same time advances the applications of the fault liability and nofault liability should be determined according to different situations.