Intellectual property rights abuse forms part of a more controversial 360 encyclopedia among scholars. The following are some of the main aspects of intellectual property rights violations:
1. On the issue of illegality. This is an important element of the concept of intellectual property rights abuse, which is an important element of micro-inflicted affluence. While there are a number of old-fashioned situations in the academic world in which scholars sit and study whether unlawfulness should independently become an element of violation, at least in the field of intellectual property rights infringement, the element of illegality is essential。
2. On the question of the harm done to the facts (results) in this position. In the composition of the general doctrine of tort, whether in three, four or five, the fact of the injury is considered to be one of the constituent elements of a civil tort, but it has been argued by many scholars that in the composition of a tort of an intellectual property right, the fact of the tort (result) is no longer a necessary constituent element, which is also one of the differences between a tort of an intellectual property right and a tort in general。
With respect to causation. This is a general tort theory in which civil torts have their historical value and are necessary, but since some breaches of intellectual property rights do not require harm, the determination of causality is meaningful only if it is accompanied by an intellectual property torts that cause harm。
4. On the subjective element. In the doctrine of tort described above, one of the elements that constitutes a general tort is the subjective fault of the perpetrator, but the existence of a tort in intellectual property is not a requirement for subjective fault. Article 63, paragraph 2, of our patent law and article 56, paragraph 3, of the trademark act establish liability for tort without fault. As can be seen from the above-mentioned legislative examples, even if the perpetrator is innocent, he or she bears responsibility for the violation, although he or she bears less responsibility for the violation than he or she has done, and the wrong perpetrator is often liable for damages in addition to the responsibility for the cessation of the violation, the destruction of the products of the violation, and the removal of the effects of the war。
