Chanel lost the trademark infringement case against Huawei. What kind of behavior will be considered as infringement?

(1) The illegality of the behavior. That is, the behavior committed by the actor violates the prohibitive and mandatory provisions of the law, including actions and omissions.

However, although acts of performing duties, acts of self-defense, and acts of emergency avoidance cause damage, they are not illegal and are not considered infringements.

(2) Damage fact. This includes both damage to property rights and damage to non-property rights. Damage to property can be divided into direct damage and indirect damage. Direct damage refers to the reduction of existing property, and indirect damage refers to the reduction of available benefits.

(3) Causal relationship, that is, the objective connection between the illegal behavior and the damage results.

(4) The perpetrator has subjective fault, and the fault is divided into intentional and negligent.

What is a tort:

General tort: ??refers to an act that directly causes damage to another person based on the actor's fault, so the general liability provisions of the civil law are applicable.

Special torts: Although the perpetrator is not at fault, he should be held liable in accordance with the special liability provisions of the civil law or special civil laws.

Infringement is a factual act carried out by one party. Infringement occurs based on the intention of the parties, and the civil legal consequences caused by the infringement are not expected by the parties. Therefore, the infringement is a factual act.

(2) Tort is a civil violation. The illegality of infringement is that it violates the provisions of the law and is not allowed by the law. Its essence is a violation of the obligations stipulated by the law.

(3) Tort is an act that inflicts harm on others. The objects of infringement include civil rights and civil interests. The civil rights violated by infringement include personal rights, property rights, inheritance rights, intellectual property rights and other absolute rights, and generally do not include creditor's rights. In addition to civil rights, other legitimate interests also fall within the scope of protection of tort law.

(4) Infringement is the basis for tort liability. Tort is an act that can cause civil legal consequences. This legal consequence is that the infringer should bear tort liability