知识产权侵权行为构成与认定

知识产权侵权行为和责任形式都有其特殊性。我国现行知识产权法规定的侵权行为外延已突破了《民法通法》的规定。知识产权侵权行为构成要件只有一个———行为的违法性。行为只要侵入知识产权专有权的范围,如果没有违法阻却事由,即可认定行为是侵权行为。

The infringing act of intellectual property has its spectialty, as well as its form of liability. According to intellectual property law of our country, the extension of tortuous act in it has already broken through the stipulations of General Rules of Civil Law. Based on analyzing the concept of tort in traditional civil law, the article gives us a concept of infringing act. The author points out that illegality is the only constitutive element of infringing act. When the act infringes the scope of intellectual property, it becomes a tortuous act.