Classification of infringement

(1) by constituent elements

General tort: refers to the behavior that the actor directly causes damage to others based on his own fault, so the general liability clause in civil law applies.

Special tort: the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of civil law or special civil law.

(2) According to the infringing object

Infringement of property rights: including infringement of property rights and property rights in intellectual property rights.

Violation of personal rights: including physical and psychological violations of others.

(3) according to the number of people causing harm.

Personal tort: the tort that only causes one person.

* * * Tort: Two or more tortfeasors are jointly and severally liable for compensation.

(4) according to the nature of the behavior

Positive tort: refers to the act of causing damage to others in the form of positive action.

Infringement by omission: refers to the act of causing damage to others in the form of negative omission.

If you do this. It is a violation of property rights: including violation of property rights and property rights in intellectual property rights. This article infringes on intellectual property rights.

The act of publishing books that others enjoy exclusive publishing rights.

Publishing is actually a special reproduction distribution. Publishers who publish books generally need the authorization of the copyright owner to obtain the exclusive publishing rights of their works. Exclusive publishing right refers to the exclusive right of the publisher to produce and distribute the works delivered by the copyright owner in the form of originals or amendments at the time and place agreed in the contract. It is an important right related to copyright and exclusive, and cannot be exercised by others, otherwise it will constitute infringement.

Article 75 of the revised draft of the Copyright Law clearly stipulates that for some illegal acts of copyright infringement, if the illegal business amount is more than 50,000 yuan, a fine of more than 1 times and less than 5 times of the illegal business amount may be imposed; If there is no illegal business amount, the illegal business amount is difficult to calculate or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed. Article 59 of the revised draft Trademark Law stipulates that if the exclusive right to use a trademark is infringed and the illegal business amount is more than 50,000 yuan, a fine of less than 5 times of the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Paragraph 3 of Article 60 of the fourth revised draft of the Patent Law stipulates that if the administrative department for patent affairs finds that the infringement is established and disrupts the market order, it may confiscate or destroy the infringing products or special equipment used to carry out the infringement, and impose a fine of less than four times the illegal income. If there is no illegal income or it is difficult to calculate the illegal income, a fine of less than 200,000 yuan may be imposed.