1, which is illegal; This means that the infringement violates the provisions of China's intellectual property law. For example, the law prohibits the unauthorized use and implementation of other people's patent information without the consent of the patentee; Reproduction of another person's work without the consent of the copyright owner.
2. The tort must be caused by the subjective fault of the infringer. This factor holds that no matter whether the infringer's subjective fault is intentional or his own fault, he should be responsible for the loss of intellectual property rights.
3. Acts without the permission of the intellectual property right holder;
4. The actor commits an act of infringing intellectual property rights, but does not demand damages. Infringement can be direct infringement, such as manufacturing and selling products that infringe the intellectual property rights of others; It can also be indirect infringement, such as instigating or inducing others to manufacture or sell infringing products.
Infringement must be for profit, not for profit. Infringement depends on the situation According to the regulations, users who use intellectual property rights for profit must obtain the permission of the owner, otherwise it will constitute infringement of intellectual property rights.
6. Infringement of intellectual property rights must be effective. This element, namely infringed intellectual property rights, must be applied in China and verified and approved by China National Intellectual Property Administration.
7. Infringement must be clearly defined. In other words, the plaintiff must explain the infringer's behavior in detail and provide sufficient evidence to prove the infringement.
How to protect rights after intellectual property rights are infringed?
Intellectual property rights are exclusive rights granted to qualified authors, inventors or owners of achievements in a certain period of time according to the laws of various countries. It is generally considered to include copyright and industrial property rights.
When you find that your intellectual property rights are infringed, we can protect your rights in the following ways:
1. Complain to the administrative department for industry and commerce and apply for administrative investigation of intellectual property infringement.
2. Contact with newspapers, internet and other news media.
3. Collect and keep the evidence that the other party infringes on the intellectual property rights you enjoy. When necessary, you can consult a lawyer and ask him to investigate, collect evidence and entrust notarization on the facts of intellectual property infringement.
4. Negotiate with the infringer to solve intellectual property disputes or solve them through legal proceedings to safeguard the legitimate rights and interests of their own intellectual property rights.
Generally speaking, the constitutive elements of infringement of intellectual property rights are: objectively carrying out the act of infringing the copyright of others and causing damage results; Subjectively, there is intentional or negligent infringement of other people's intellectual property rights; The infringer is at fault for the infringement.
Legal basis:
patent law
Article 65
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.
Copyright law of the people's Republic of China
Article 52
Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works.