The Civil Law requires the fault liability for trademark infringement. The constitutive requirements of trademark infringement itself include that the actor is subjectively at fault, and the infringer needs to prove that he is not at fault in order to be exempted from tort liability. Article 165 of the Civil Code of People's Republic of China (PRC) has relevant provisions.

legal ground

Article 165 of the Civil Code of People's Republic of China (PRC)

If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 166

If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.