There are many infringements in real life, such as infringement of intellectual property rights, infringement of personal rights, infringement of property rights, etc. Infringement can easily cause personal and property losses to the person being infringed, so the person who has been infringed has the right to request that the relevant infringement cease. So what are the legal provisions for stopping the infringement? Let me answer it for the readers below.
1. Legal provisions for cessation of infringement. According to Article 15 of the Tort Liability Law of the People's Republic of China, the main ways to bear infringement liability are: (1) cessation of infringement; (2) elimination of obstructions ; (3) Eliminate the danger; (4) Return the property; (5) Restore the original condition; (6) Compensate for losses; (7) Apologize; (8) Eliminate the impact and restore reputation. The above methods of bearing infringement liability can be applied individually or in combination. Article 21 If an infringement endangers the personal or property safety of others, the infringer may request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.
2. Conditions for infringement of patent rights. According to Article 57 of my country’s Patent Law, the so-called infringement of patent rights means that within the validity period of the patent right, the perpetrator violates the patent right without the permission of the patentee. The act of exploiting someone else’s patent for the purpose of profit. It can be seen that infringement of patent rights should meet the following conditions: 1. The object of infringement is a valid patent. Patent rights, as an exclusive right to implement according to law, are only protected by law at a specific time and in a specific region. Technology whose patent term has expired, or patented technology that has not yet expired but was abandoned by the patentee because it refused to pay patent fees, is not protected by law. Even if the technology patented in China is taken to a foreign country and implemented by others, it will not constitute infringement. 2. The purpose of the infringement is to make profits. The use of relevant patents for personal hobbies or research needs is not for the purpose of production and business, and does not constitute patent infringement. The reason why the Patent Law makes this provision is that if the patent is not used for profit, it is impossible to compete with the patentee in the market and will not affect the economic interests of the patentee. The inventor's focus when applying for patent rights is the material return of the patented technology. Personal use is not for industrial purposes and does not harm the patentee's economic income. Naturally, he does not need to bear patent infringement liability. 3. Carrying out infringements that violate the law. On the one hand, the Patent Law clearly stipulates the content and scope of the rights of the right holder. On the other hand, it also clearly stipulates the forms and types of patent infringement behaviors in the form of enumeration. In practice, infringements include both direct infringements and indirect infringements. Patent right is an exclusive right. No one can exploit a patent without the permission of the patentee. However, in order to safeguard the interests of the public and prevent patentees from abusing patent rights, the patent laws of various countries have stipulated some exceptions that are not considered infringement. Whenever an actor commits an infringement act that does not fall within the exception of infringement, he or she must bear civil liability to stop the infringement, regardless of whether the actor did it intentionally or whether it caused actual damage to the right holder. The role and significance of this form of liability in the patent infringement system is by no means the same as compensation for losses. The traditional tort liability theory believes that tort liability is compensation for damages, but in the field of intellectual property rights where the object of rights is intangible, this concept must change. When the infringed person files a lawsuit against the infringer in a judicial authority, he will not only seek compensation for damages. They will first ask the judicial authorities to identify themselves as the rights holders and ask the other party to stop infringement activities. The enforcement part of the WTO agreement does not have many specific provisions on loss compensation, but uses a large number of clauses to make specific provisions on stopping infringing production and stopping infringing sales. The key points of tort liability that it requires all members to focus on are self-evident. The above is my answer to the question "Legal provisions for cessation of infringement". According to the provisions of my country's Tort Liability Law, if an infringement endangers personal and property safety, the infringer may request the infringer to cease the infringement and bear corresponding liability.