What are the liability principles for trademark infringement in my country
The principle of liability for trademark infringement in my country is not clear in law. Regulation.
What are the principles of liability
1. Principle of Fault liability
refers to fault as the final element of liability. That is, if the actor's tortious behavior causes damage to the other party, the actor must be subjectively at fault to bear corresponding civil liability. Fault liability is the general principle of attribution of tort liability. Except for special torts stipulated in laws and regulations, the principle of fault attribution is applicable to general torts.
2. Principle of presumption of fault
Refers to the special provisions of the law that presume that the infringer is at fault and should bear tort liability, unless the infringer can prove that he is not at fault.
The main situations under the principle of presumption of fault are: span>
(1) Motor vehicle and non-motor vehicle drivers, When a traffic accident occurs between pedestrians, the motor vehicle driver shall be presumed at fault;
(2) If a building, structure or other facility and its resting objects or hanging objects fall off or fall, if a building, structure or other facility collapses and causes damage to a person, or if stacked objects cause damage to a person, the presumption of fault shall apply;
(3) The breaking of trees causes damage to others and damages the trees. The owner or manager is subject to a presumption of fault;
( 4) When an animal causes harm to a person in a zoo, the presumption of fault shall apply to the zoo;
(5) If a kindergarten, school or other educational institution fails to perform its education and management responsibilities and causes a person without capacity for civil conduct or a person with limited capacity for civil conduct who studies and lives there to suffer personal injury, the educational institution shall bear the responsibility corresponding responsibilities, unless the educational institution can prove that it has fulfilled its management responsibilities.
3. No-fault liability principle
Also known as the principle of strict liability, it means that based on special provisions of the law, if the victim can prove that the damage was caused by the infringer's behavior or object, the infringer should bear civil liability, regardless of whether There is subjective fault, unless the infringer can prove the existence of statutory defenses.
The current legal provisions for assuming no-fault liability include:
(1) If the ward causes harm to others, the guardian shall bear no-fault liability;
(2) The employer shall bear no-fault liability for the behavior of its staff that infringes upon others;
(3) A labor relationship is formed between individuals. If the party providing the labor services causes damage to others due to the labor services, the party receiving the labor services shall bear tort liability;
(4) When product defects cause damage to people, the manufacturer shall bear the responsibility No-fault liability;
(5) Highly dangerous operations If it causes harm to others, the offender shall bear no-fault liability;
(6) If environmental pollution causes harm to people, the pollutant-discharging unit shall bear no-fault liability;
(7) If the raised animals cause harm to people, the breeders shall bear no-fault liability.
4. Principle of fair responsibility
It means that neither the perpetrator nor the victim is at fault for the damage caused, and According to the concept of fairness, the losses will be shared by both parties on the basis of considering the actual circumstances such as the property status and payment ability of the parties.
The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.