即发侵权问题的探讨

TRIPS协议规定"即发侵权"制度对于保护知识产权具有重要的意义.我国修订后的专利法、商标法及著作权法对于这一特殊侵权形式有了明确的规定.但是该制度与TRIPS协议的规定仍有差距,虽然这种差距在逐步缩小.我国的司法实践尽管对于这一问题进行了有益的探讨,但仍有许多问题需要进一步的完善.同时,TRIPS协议规定的特殊责任制度对于我国的影响,也不能仅仅停留在对于个别制度的影响,更多的是引导我们对于整个侵权责任制度进行理性的反思与制度的更新.

An Re-exploration on the Issue of Imminent Infringement

The system of "imminent infringement" stipulated by TRIPS Agreement is of great importance for protecting rights of intellectual property.Our country's revised patent law,trademark law as well as copyright law have clearly defined this particular form of infringement.But there is spatial difference between the system and the TRIPS Agreement,though the difference is becoming increasingly obscure.Although it has been explored in our country's judicial practice,there are still a lot of problems to be further improved.Meanwhile,the system of special responsibility set by the TRIPS Agreement should not merely influence some of our country's individual system,but more importantly is to lead us to rationally rethink of and renew the whole system of tort responsibility.