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A Study on Damages’ Claim Right for Infringement of Copyright

Author: XiaoGang
Tutor: LvShuQin
School: East China University of Politics and Law
Course: Civil and Commercial Law
Keywords: Copyright Infringement Tort damages Request exercised Copyright Protection Compensation claims Intellectual property infringement The copyright holder Principles of attribution Form of liability Constituent elements
CLC: D923.41
Type: Master's thesis
Year: 2004
Downloads: 399
Quote: 1
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Abstract

Intellectual property system is the product of modern science and technology and economic development of the product, it is in essence solve the \mechanisms of social progress. Intellectual property is the legal form of knowledge of the intangible property laws, rights of the results, is separated from the ownership out of the new, independent property forms. Protection of intellectual property objects no material existence, just kind of information, the protection of intellectual property law is the people of this information control and domination. Intangible intellectual property makes the object than the traditional sense of the intellectual property rights to physical things as the object of ownership are more vulnerable to abuse. Intellectual property rights have been infringed on legal remedies in civil law remedies for intellectual property rights more directly, the maintenance of rights or human rights state economic compensation for damage suffered in the role. Into for the purpose of, the infringement of intellectual property rights after the civil remedy of damages mainly through the operation of the mechanism to achieve. Damages the core of the modern civil law, and tort damages is the most common occurrence, the most common reason, so intellectual property infringement damages in intellectual property rights have been infringed relief pathway has an important position. In this paper, after the relief of copyright infringement as the starting point, the system discussed by the copyright holder copyright infringement copyright infringement after the exercise of the right to claim damages, designed to deepen understanding of the means for copyright protection, and focused on the copyright owner comprehensive, fully exercise damages for infringement claims practical effect, hoping to interest in the maintenance of the copyright holder, and promote knowledge dissemination and utilization has made useful exploration and summary. lt; WP = 4 gt; paper consists of an introduction, overview of copyright infringement and remedies, damages for copyright infringement of the basic theoretical claims of copyright infringement damages attributable to the principle of copyright infringement damages Elements, copyright infringement claim for damages The effective exercise of the right of six parts, the text of about 42,000 words, including footnotes about 4000 words. Introductory section, the author mainly on the study of copyright infringement as well as the significance of relief after the claim for damages in tort entry point for the study of the reasons elaborated. The second part, copyright infringement and remedies overview. In this section, the author defines what constitutes a copyright infringement and copyright infringement and copyright infringement made a distinction, also explained the characteristics of copyright infringement. In the civil law on intellectual property to relief claim relief method has a special importance, damages for infringement claims is the most important in the protection of intellectual property claims, the most important types of claims. The third part, copyright infringement undermine the basic theory of the right to claim indemnification. In this section, I follow the damages from infringement damages to context discussed in copyright infringement damages to damages for infringement claims from tort damages claims. A copyright is a right to exist as a basis, damages are claimed as a basis for relief right there, copyright infringement victim may claim damages to the offender, this proposition to request the exercise of the right of way, will be formed on the basis of damages for infringement of copyright claims. Meanwhile, in the field of copyright, the copyright could happen \and eliminate the danger claims. Since the claims for damages and copyright infringement claims are closely linked, for which the author claims the two are compared, and on this basis, draw a perfect system of claim copyright protection in the conclusions. The fourth part, copyright infringement damages responsibility principle. In this section, the author sought to clarify the principle of attribution of copyright infringement on the controversy. I believe that the principle of attribution of copyright is not owned by \Among them, a different form of liability for fault requirements are different, stop abuse and other forms of liability without fault Liability applies the principle of liability for damages in the form applicable principle of fault liability. Copyright infringement damages attributable to the fault principle is the principle, but in specifically identified the fault of the infringer can be and usually is in most cases the presumption of fault approach to identify the infringer's fault. lt; WP = 5 gt; fifth part, copyright infringement damages Elements. In this section, the author seeks to discuss the elements of damages for copyright infringement, the copyright as an intangible property right has the different general damages in tort Elements and debt between each element special. This section includes: copyrights have been infringed identification of the damage after the performance; copyright infringement damages Elements of causality theory should be taken, how to determine; copyright infringement wrongfulness what is so special; copyright infringement when people the performance and subjective fault identification and so on. Part VI, copyright infringement claims for damages of the actual exercise. In this section, the author discusses the copyright infringement claims for damages subject of tort damages method to determine the amount of damages for infringement of copyright infringement of the exercise of the right to damages limitation, damages for copyright infringement proof so that the exercise of the right to request problems to illustrate copyright infringement claim for damages from the exercise to achieve, in the middle to go through a lot of links, each link and are subject to specific rules, not so free to be able to really implement copyright protection.

A Study on Damages’ Claim Right for Infringement of Copyright

Abstract

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