新时期知识产权侵权归责原则的优化路径

The Optimization Path of Liability Principles for Infringement of Intellectual Property Rights in the New Era

知识产权侵权归责原则是判断侵权人是否承担责任、应如何接受惩罚的主要依据,正确使用归责原则不但关乎当事人的权益,更是贯穿整个知识产权法,并对其起到统帅、规范及引领作用的关键性行为。只是步入新时期,伴随互联网等新科技的崛起与广泛运用,传统民法理论当中单纯将过错责任原则作为一般侵权行为的归责原则,已然无法妥善处理纷繁复杂的知识产权侵权问题。迎合时代,优化知识产权侵权归责原则路径,已然成为当下保护权利所有人权益的必然选择。

The principle of imputation of intellectual property right infringement is the main basis for judging whether the infringer is responsible for it and how to accept the punishment. The correct use of the principle of imputation is not only related to the rights and interests of the parties, but also the key behavior that runs through the whole intellectual property law and plays the role of commanding, standardization and leading. Just stepping into the new period, with the rise and extensive use of new technology such as the Internet, the traditional theory of civil law simply takes the principle of fault liability as the principle of liability for the general tort, and can not properly handle the complicated and complicated problems of intellectual property rights infringement. Catering to the times and optimizing the liability principle of infringement of intellectual property rights, it has become an inevitable choice to protect the rights and interests of the owners.