The rules of liability for intellectual property infringement are an important and special issue in intellectual property law,and the Civil Code provides a new context for the study of this issue.In this context,dynamic systems theory provides a systematic and logical interpretation of intellectual property infringement liability,and the transformation from decentralization to systematization of rights protection is the basis of the interpretation.The application of cessation of infringement relief in intellectual property infringement litigation includes a comprehensive consideration path based on public interest and third-party interests,so it is necessary to absorb and transform the existing model on the basis of criticism.The theory of dynamic systems is a specific rule of the Civil Code on the liability for personality rights infringement.The element effect upheld by this rule overcomes the rigidity of the traditional element effect approach,allowing for comprehensive interest measurement.The system is dynamic and open,making it more in line with the complexity and diversity of interests intertwined in intellectual property infringement litigation in the new technology era.It can provide flexible and normative guidance for judicial practitioners.Under the paradigm of dynamic systems theory,combined with existing legislative experience,propose improvement suggestions for intellectual property infringement liability rules in the new era.
关键词
责任规则/动态系统论/知识产权基本法/利益衡量
Key words
Responsibility Rules/Dynamic Systems Theory/Basic Law on Intellectual Property Rights/Interest Measurement
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