Trademark infringement is a common occurrence. If your trademark is infringed by others and you want to protect your legitimate rights and interests, you need to find evidence and appeal to protect your rights and interests. Regarding how to determine product infringement liability, let’s learn about it together below. I hope it can help you. 1. How to bear liability for product infringement (1) Responsibilities of producers and sellers In product infringement liability, the most important thing is to determine the subject responsible. In product infringement liability, the first liability subjects are producers and sellers. Between the manufacturer and the seller, who should bear the responsibility is generally determined based on the claims of the victim who was harmed by the defective product. The victim can sue the producer or the seller. As long as sellers and producers are sued, regardless of whether they are the ones who caused product defects, as long as the products obtained by consumers are indeed defective, the party being sued should bear civil liability for torts. Therefore, the "nearest" rule is: if a defective product causes personal or property damage to others, the victim can demand compensation from the manufacturer of the product or the seller of the product. The victim can choose the "nearest" location to him or her. exercise the right to claim. The ultimate bearer of liability for product infringement should be the person who caused the product defect. Whoever caused the defect will ultimately bear the responsibility. Therefore, the "final" rules are: First, if the product defect is caused by the manufacturer, the seller has the right to demand compensation from the manufacturer after making compensation. Second, if the product is defective due to the fault of the seller, the manufacturer has the right to recover compensation from the seller after making compensation. (2) Liability of transporters and warehouses Defects in products that cause damage may sometimes be caused by the actions of transporters or warehouses. If this is the case, liability for damages will "ultimately" rest with the transporter or warehouse. Therefore, if a product is defective due to the transporter or warehouse, the producer or seller has the right to recover compensation from the transporter or warehouse after assuming liability for compensation. (3) Liability of suppliers of raw and auxiliary materials and suppliers of parts and components. In product tort liability, sometimes product defects are caused by the suppliers of raw and auxiliary materials or parts and components. In this case, according to The person who ultimately bears infringement liability should be the person who caused the defect, or the person who ultimately caused the defect in the product should bear the responsibility. Therefore, if defective raw and auxiliary materials are provided to a producer and the products manufactured by the producer using the materials are defective and cause damage to persons, the producer shall bear civil liability. The producer has the right to recover compensation from the supplier of defective raw and auxiliary materials. Provide defective parts and components to producers, and if the products manufactured by the producers using the parts and components are defective and cause damage to persons, the producers shall bear civil liability. The manufacturer has the right to seek compensation from the supplier of defective parts and components. 2. Principles of imputation of tort liability 1. Principle of fault liability refers to fault as the final element of liability. That is, if the actor's tortious behavior causes damage to the other party, the actor must be subjectively at fault to bear corresponding civil liability. Fault liability is the general principle of attribution of tort liability. Except for special torts stipulated in laws and regulations, the principle of fault attribution is applicable to general torts. 2. The principle of presumption of fault refers to the special provisions of the law that presume that the infringer is at fault and should bear tort liability, unless the infringer can prove that he is not at fault.

The main situations under the principle of presumption of fault liability include: (1) A traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the motor vehicle driver shall be subject to the presumption of fault; (2) Buildings, structures or other facilities and their storage objects, If hanging objects fall off or fall, if buildings, structures or other facilities collapse and cause damage to others, or if stacked objects cause damage to others, the presumption of fault shall apply; (3) When a tree breaks and causes damage to others, the presumption of fault shall apply to the owner or manager of the tree; ( 4) When an animal causes harm to a person in a zoo, the presumption of fault shall be applied to the zoo; (5) Kindergartens, schools or other educational institutions fail to perform their education and management responsibilities and cause harm to persons who study and live in the zoo without capacity for civil conduct or who are restricted from civil conduct. If a capable person suffers personal injury, the educational institution shall bear corresponding liability unless the educational institution can prove that it has fulfilled its management responsibilities. 3. The principle of no-fault liability, also known as the principle of strict liability, means that based on the special provisions of the law, if the victim can prove that the damage was caused by the infringer’s behavior or object, the infringer shall bear civil liability, regardless of whether there is any subjective fault. fault, unless the infringer can prove the existence of a statutory defense. At present, the law stipulates that the situations in which no-fault liability is assumed include: (1) The guardian bears no-fault liability if the ward causes harm to others; (2) The employer bears no-fault liability for the behavior of its staff that harms others; (3) Between individuals A labor relationship is formed, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear tort liability; (4) When product defects cause damage to others, the producer shall bear no-fault liability; (5) If highly dangerous operations cause damage to others, the party shall bear tort liability. The person shall bear no-fault liability; (6) If environmental pollution causes harm to a person, the sewage discharge unit shall bear no-fault liability; (7) If the raised animal causes harm to a person, the breeder shall bear no-fault liability. 4. The principle of equitable liability means that neither the infringer nor the victim is at fault for the damage caused, and according to the concept of fairness, both parties will share the loss based on the actual situation of the parties, such as their property status and ability to pay. 3. Constitutive elements of product infringement liability (1) A defective product must exist to constitute product liability infringement. According to Article 2, Paragraph 2 of the Product Quality Law: “Products as mentioned in this law refer to products that have been processed, produced, and sold for sale. Product. "What is a product defect is defined in Article 34 of the Product Quality Law, which means that a product has unreasonable risks endangering the safety of people and other people's property; the product has national standards and industry standards that protect human health and the safety of people and property. , means that it does not meet the standard. (2) Facts of damage must be present to constitute product liability infringement. Facts of damage in product liability infringement include personal injury, property damage and mental damage. (3) There must be a causal relationship to constitute a product liability infringement. The causal relationship requirement for product infringement liability refers to the relationship between the cause and the cause of the product's defect and the victim's damage. To confirm the causal relationship of product liability, the victim must bear the burden of proving that the damage was caused by the use or consumption of a defective product. To sum up, the infringement must be determined before product infringement is constituted. There are several elements for the constitution of the act. After the infringement is determined, the victim can freely choose from whom to seek compensation. Whether it is the manufacturer or the seller, the victim must first Give compensation and then determine who bears the responsibility. The above is the entire content of "How to Determine Product Infringement Liability". I hope it will be helpful to everyone. Thank you for reading.