Which of the following acts is an infringement of intellectual property rights of others?

As for the infringement of intellectual property rights, the current works rarely study it from the whole, while the descriptions of various specific infringements are scattered in various legal discourses. Scholars have different views on the direction or object of infringement. Some scholars emphasize that infringement is manifested in unauthorized use of other people's knowledge products. According to this proposition, the act of infringing copyright refers to "the act of using a work protected by copyright law without the permission of the author or other copyright owners and without meeting the conditions prescribed by law"; [9] Infringement of the exclusive right to use a registered trademark refers to the act of using its registered trademark or using the main part of the trademark as its own trademark without the permission of the obligee, which causes trademark confusion and deceives consumers. [x] Some scholars emphasize that the essence of tort is the unauthorized use of the exclusive rights of others. In their view, copyright infringement refers to "unauthorized use of copyright without the permission of the copyright owner and beyond the scope permitted by law"; [xi] Patent infringement refers to "the act of exploiting a patent without the permission of the patentee"; [xii] Infringement of trademark rights refers to

The act of "illegally infringing upon the registered trademark rights of others". [xiii] The author believes that any act that violates the law and damages the exclusive rights of the owner of intellectual products is an infringement of intellectual property rights. What needs to be explained here is that the infringement is mainly manifested in the unauthorized use of knowledge products with exclusive rights, but the unauthorized use of such knowledge products does not include all infringements. For example, in the field of copyright, the act of making and selling works of art with fake signatures of others constitutes copyright infringement according to law. It can be seen that not all infringements directly affect others' copyright works, that is, exercising others' "rights" without authorization, rather than using others' "works". Another example is that in the patent field, someone in the patent right * * * permits others to exploit the patented technology without the consent of others * * *; In the field of trademark rights, the act of distributing goods that you know or should know is an act of infringing on the exclusive right to use registered trademarks of others. This kind of behavior belongs to indirect infringement. Although there is no direct infringement due to the use of knowledge products, it actively induces or urges others to commit direct infringement, which damages the exclusive rights of others. Therefore, as far as the object of infringement is concerned, it is more accurate to describe the infringement as "unauthorized exercise or use of the exclusive rights of the owner of the knowledge product" than "unauthorized use of the knowledge product protected by law".

Infringement of intellectual property rights is an illegal and factual act. In modern civil law theory, scholars believe that the nature of tort should be understood according to factual behavior, and the prohibitive norm should "focus on the factual behavior value of tort and prohibit its behavior"; [xiv] even claims that all illegal acts are "always concrete factual acts". [xv] In my opinion, infringement of intellectual property rights and creation of intellectual products are factual acts, but they are different in nature. The former is an illegal factual act, while the latter is a legal factual act. [xvi] Here, the author intends to summarize the general characteristics of the factual act of infringement as follows: first, the act of infringement is an objective act, that is, an act that has been implemented and objectively has an impact and consequences on the outside world; Second, the legal consequences of infringement occur according to the direct provisions of the law, which does not reflect the direct purpose pursued by the actor and does not have the expected effect of the actor; Third, the tort is established because it conforms to the statutory factual elements. The so-called "exercising or using other people's exclusive rights without authorization and legal permission" is a constituent element stipulated in the Tort Liability Law. Therefore, the act is essentially a legal constitutive act. Because its content is illegal, this behavior belongs to an illegal factual behavior in the category of legal facts.

Infringement of intellectual property rights has the same legal nature and similar legal consequences as general infringement. However, due to the different objects of infringement, intellectual property infringement shows its own unique basic characteristics:

1. Particularity of infringement forms. In tort, the infringement of property ownership is mainly manifested as embezzlement (that is, the act of illegally occupying other people's property), obstruction (the act of preventing all people from fully exercising their rights) and damage (the act of infringing on other people's property and causing it to be lost or damaged). These behaviors often act directly on the object itself (such as destroying other people's property and seizing other people's property), and are directly and closely related to the object; The specific content of infringement involves possession, use, income and punishment. Infringement of intellectual property rights is mainly manifested in plagiarism, tampering and imitation. This kind of infringement acts on the ideological content or expression of authors and creators, and has nothing to do with the materialized carrier of knowledge products. For example, illegal possession of calligraphy and painting created by others involves the object itself, that is, the materialized carrier of creation, which should be regarded as an act of infringing property ownership; If the actor does not possess this calligraphy and painting, but sells it without authorization, then the behavior involves intangible property.