The imputation principle of the liability for breach of intellectual property contract

The imputation principles of compensation liability for infringement of intellectual property rights include fault liability principle, fault presumption liability principle and no-fault liability principle. The limitation of action for infringement of intellectual property rights is three years, counting from the time when the parties know or should know that their rights and interests have been damaged.

First, the principle of liability for infringement of intellectual property rights is

The principle of liability for infringement of intellectual property rights is:

1. The principle of fault liability refers to taking fault as the final constituent element of imputation;

2. The principle of presumption of fault liability;

3. The principle of no-fault liability means that, based on the special provisions of the law, if the victim can prove that the damage was caused by the actor's behavior or object, the actor should bear civil liability regardless of whether there is subjective fault.

Two. What is the limitation period of intellectual property infringement litigation?

The limitation period for infringement of intellectual property rights is three years.

Paragraph 1 of Article 74 of the Patent Law stipulates that the limitation of action for patent infringement is three years, counting from the date when the patentee or interested party knows or should know about the infringement and infringer.

Article 188 of the Civil Code stipulates that the limitation period for people's courts to request protection of civil rights is three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

3. What are the legal characteristics of intellectual property rights?

First, the object of intellectual property is the result of creative intellectual activities, which must have a known objective form and be confirmed in accordance with the conditions and procedures prescribed by law;

Second, intellectual achievement is the result of creative people's intelligence and hard work;

Third, intellectual property has the characteristics of exclusivity, timeliness and regionality. Remind you that exclusivity, that is, exclusivity, is the exclusive and exclusive right enjoyed by authors, discoverers and inventors for their own intellectual achievements.