1. Infringed intellectual property rights must be valid: the infringed intellectual property rights must be stipulated by China's intellectual property laws and must be valid within the validity period;
2. Infringement must be clearly defined: the plaintiff must provide sufficient evidence to prove the occurrence of infringement;
3. Infringement requires profit, and non-profit infringement is determined according to specific circumstances;
4. The tort is caused by the fault of the infringer. No matter whether the infringer's subjective fault is intentional or negligent, he should be liable for the loss of intellectual property rights. Of course, if the infringer can prove the legality of this act, he does not have to bear the liability for compensation, but he still has to bear the civil liability for stopping the infringement and destroying the infringing products.
Legal basis: Article 52 of the Copyright Law of People's Republic of China (PRC) has one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:
(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;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming of audio-visual products, etc., or using a work by means of adaptation, translation, annotation, etc. without the permission of the copyright owner, except as otherwise provided by this Law;
(seven) the use of another person's work, which should be paid but not paid;
(8) Renting the originals or duplicates of audio-visual works, computer software and audio-visual products without the permission of the copyright owner, performer or producer of audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(eleven) other acts of infringement of copyright and copyright-related rights.