(A) the particularity of the form of infringement.
In tort, the infringement of property ownership is mainly manifested as occupation, obstruction and destruction. These behaviors often act directly on the object itself and are directly and closely related to the object; The specific content of infringement involves possession, use, income and punishment. Infringement of intellectual property rights is mainly manifested in plagiarism, tampering and imitation. This kind of infringement acts on the ideological content or expression of authors and creators, and has nothing to do with the materialized carrier of knowledge products. For example, illegal possession of calligraphy and painting created by others involves the object itself, that is, the materialized carrier of creation, which should be regarded as an act of infringing property ownership; If the actor does not possess this calligraphy and painting, but sells it without authorization, then the act involves intangible property, that is, the author's expression of thoughts, which should be regarded as infringement of intellectual property rights. Different from the infringement of tangible property, the infringement of knowledge products does not seem to affect the author's right exercise in form. This kind of behavior constitutes infringement mainly because it violates the "exclusive" and "exclusive" rights of the owner of intellectual products and the absoluteness and exclusiveness of intellectual property rights.
(2) The infringement is highly technical.
Due to the continuous development of science and technology and the continuous innovation of production methods, the consumption power of the public has been greatly improved, and the content of social life has shown a trend of science and technology and modernization. In this case, some new types of infringement have emerged. Infringement of intellectual property rights is related to the use of intellectual and creative products, which often has a considerable degree of technical content, thus bringing considerable difficulties to the prevention of infringement, the determination of infringement liability and the avoidance of infringement consequences. First of all, the development of new information technology and new media poses a direct threat to copyright and patent rights. With the new electronic technology, printed matter, audio-visual products and charts can be scanned, sampled and copied countless times. With the rise of the information superhighway, the Internet comes into being with computer hackers. With the help of computers and high-tech tools, infringers will easily send other people's patented technology and trade secrets to the expressway. Secondly, most of the infringements involving intellectual products are clever in technical means, which are more concealed and deceptive than general property rights infringement. At present, the rapid development of Internet makes the integration of human information a reality, and its social and economic benefits are self-evident. However, "the network is a virtual society, and cyber crime should be a new trouble brought by high technology to mankind." The loss of intellectual property rights caused by network infringement, network theft and network destruction makes people unprepared and hard to prevent; Thirdly, the causality of infringement of intellectual property rights is very complicated. Because of the immaterial characteristics of knowledge products, the obligee cannot control the illegal use of others. Originally, in the traditional environment, intangible spiritual creation can still be "solidified" into material carriers such as trademark logos, patented products, books and materials, and music scores, which makes it quite difficult to prove tort liability; In cyberspace, all knowledge products are digital electronic signals, and people only perceive instantaneous data and images on the screen of computer terminals, which increases the difficulty of identifying infringement.
(3) the extensiveness of the scope of infringement.
Because of the immateriality and openness of knowledge products, legal use and infringing use of the same knowledge product usually occur at the same time and space, and several or even dozens of infringing uses may occur in different regions at the same time. Under the condition of extremely convenient use of knowledge products, the use behavior is likely to constitute infringement, and the object of infringement is often not a single right. Due to the emergence of modern information technology and communication technology, there are two important trends in intellectual property infringement: one is the popularization of individual infringement. The implementation of xerography technology makes it very convenient to copy text works on a large scale, and has a great influence on the habit of people buying copies. With the popularization of electronic recording technology, private reproduction of music and TV programs has become the hobby of hundreds of millions of families. The second is the internationalization of high-tech infringement. In the vast space of the Internet, knowledge products can spread around the world at a very fast speed and in a very convenient way, thus being accepted and used by different subjects in different countries (including legal use and illegal use); Due to the large-scale and high-speed flow of information flow across space and regions, transnational infringement has become a breeze. The infringer may enter the database of other countries' nationals as a "cyber hacker" to obtain the necessary business information and technical secrets, or input, store and display other people's online works on the computer. Even if it's against our own nationals, we can use the internet to bypass from abroad and enter the country in other capacities. Under the above circumstances, every knowledge product may be threatened by "internationalization" infringement.
(4) Diversity of infringement types.
In legislation, infringement of intellectual property rights can be divided into direct infringement and indirect infringement, and the law stipulates different fault conditions and punishment standards. The so-called indirect infringement has two meanings: first, it means that the act itself does not constitute infringement, but its behavior helps and leads to the occurrence of direct infringement, thus causing damage to the obligee, also known as "secondary infringement". For example, in the field of copyright, intentionally selling, renting or importing infringing goods; In the field of patent rights, the act of deliberately manufacturing and selling key components that can only be used for patented products; In the field of trademark rights, the act of deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment for trademark infringement activities of others. Second, it means that the "actor" has not engaged in any infringement, but because of the existence of specific social relations, he must bear certain responsibilities for the infringement of others according to law. For example, the torts committed by a legal agent against a person without capacity, the torts committed by an employer against an employee for completing his work, and the torts committed by a client against a trustee for performing an entrustment contract are all indirect tortfeasors. The above-mentioned indirect infringers and direct infringers shall bear the same tort liability.