1, principle of fault liability
The so-called fault liability principle refers to the principle that the subjective fault of the parties is the constituent element of the tort. Paragraph 2 of Article 106 of the General Principles of the Civil Law stipulates that citizens and legal persons who infringe on the property of the state or the collective or the property or personal rights of others due to their faults shall bear civil liability.
For example, Article 126 of the General Principles of Civil Law stipulates that the owner or manager of a building or other facilities, as well as the shelving and hanging objects on the building, shall bear civil liability if they collapse or fall off or cause damage to others, unless they can prove that they are not at fault.
2, the principle of no-fault liability
The principle of no-fault liability refers to the principle of imputation that the parties should bear the responsibility according to law although they are not subjectively at fault. Paragraph 3 of Article 106 of the General Principles of Civil Law stipulates: If there is no fault, but the law stipulates that it shall bear civil liability, it shall bear civil liability.
According to China's General Principles of Civil Law, the main cases of no-fault liability are: engaging in highly dangerous activities and causing damage, polluting the environment and causing damage, raising animals and causing damage to unqualified products.
3, the principle of fair responsibility
The principle of fair liability means that the injured party has no fault in the occurrence of the damage result, but if the victim's loss is not compensated and there is obvious unfairness, the people's court will require the parties to share the damage result according to the specific situation and the concept of fairness. Article 132 of the General Principles of Civil Law stipulates that if the parties are not at fault for causing damage, they may share civil liability according to the actual situation.
What is the tort liability?
1, administrative responsibility
For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to correct, and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.
2. Civil liability
Civil liability includes the following ways:
(1) Stop the infringement. It means that the patent infringer should immediately stop the patent infringement under implementation according to the decision of the department in charge of patent work or the judgment of the people's court.
(2) Compensation for losses. The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee.
(3) eliminate the impact. When the infringing act of the infringer damages the goodwill of the patented product in the market, the infringer should bear the legal responsibility of eliminating the influence in an appropriate way and admit his own infringing act to eliminate the adverse influence on the patented product.
3. Criminal responsibility
In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.