Article 122 of the General Principles of the Civil Law stipulates: "If the substandard products cause property or personal injury to others, the manufacturers and sellers of the products shall bear civil liability. If the transporter or warehouse is responsible for this, the product manufacturer or seller has the right to claim compensation for the loss. " What is stipulated here refers to the product tort liability.

some scholars believe that product tort liability is actually a strict western product liability, but the understanding of product liability in China's theory and practice includes both product tort liability and product contract liability. The theory of product tort liability was originally based on product contract liability, that is, the counterpart of the contract must bear the obligation of product defect warranty (from the initial express warranty to the later implied warranty), but the contract liability can't make up for the damage caused by the defective product to the original interests of the parties, so the theory of injury payment came into being, but this theory can't solve the relief problem of the loss of the interests of the third party other than the contract party caused by the defective product. This leads to the theory of tort liability, that is, the supplier (producer or seller) of the product should be liable for compensation as long as the damage of the victim's interests is attributed to the defective product.

second, the legal characteristics of product tort liability.

1. The tort liability is related to people's livelihood after the goods enter the circulation field. The sign that a product enters the circulation field is that the product goes through the contract behavior such as transaction and transfer, and from the hands of manufacturers and producers, it can go through several circulation links, namely, wholesale, sales, warehousing, transportation and other processes. Therefore, the premise of product tort liability is always related to the contract, and there is no product tort liability without contract premise.

2. Product tort liability refers to property damage other than defective products caused by product defects. The product tort liability is not the property damage other than property caused by the product's own quality problems (the property damage other than property caused by the product's own quality problems belongs to the category of contract disputes and is not discussed in this paper).

3. Product tort liability is a special tort liability for damage caused by objects. This nature of product tort liability distinguishes it from state compensation liability and employer compensation liability. Therefore, product tort liability is that people are responsible for the damage caused by things, that is, when a product causes damage to people, people associated with the product, that is, manufacturers and sellers, are liable for the damage caused, which is a special tort liability.

4. Product tort liability is no-fault liability. Scholars have different opinions on whether product tort liability is fault liability or no-fault liability. The author agrees with the latter view: First of all, Article 122 of the General Principles of Civil Law and the provisions on product liability in the Product Quality Law refer to the strict case law of product liability in the United States and the directives on product liability in Europe. According to the strict case law of product liability in the United States and the directives of European countries on product liability, no-fault tort is adopted for product tort liability. From the perspective of comparative hermeneutics, the provisions on product tort liability in Chinese legislation should be interpreted as strict liability. Secondly, according to the general principles of the civil law, people who are damaged by product liability can claim compensation from the product manufacturer or the product seller. No matter whose fault it is, the product manufacturer and the seller should bear the responsibility, so it is a kind of no-fault liability. Is it an infringement to download pictures online for product promotion?

Yes, it is.

You use them for publicity without the authorization of the author of the pictures, which is an infringement. About product commodity inspection

If the goods need legal inspection, they must be inspected every time they are exported, and the inspection agency has a policy of exemption from inspection for enterprises and goods that meet the requirements! On the issue of product patent right

only domestic patents cannot be protected internationally. If you want to apply for foreign patents for protection abroad, please see the following introduction:

Ways to apply for foreign patents

1. Ways of Paris Convention

Most countries in the world are members of the Paris Convention. According to the provisions of the Paris Convention on priority, any member country can enjoy 12 when applying to other member countries for invention or utility model. Any disclosure or use of the application during this period will not affect the novelty of the application. As China is a member of the Paris Convention, after applying for a patent in China, China applicants can use the provisions of the Paris Convention on priority to claim priority when applying for a patent abroad.

2. PCT approach

The Patent Cooperation Treaty (PCT) is a special treaty under the Paris Convention and is managed by the World Intellectual Property Organization. Its member countries are all members of the Paris Convention, which has reached 178 at present. According to the provisions of PCT, a patent application filed in any PCT member country can be regarded as an application filed in other designated member countries at the same time. The application of one country has been realized, and many countries are effective. The examination and approval procedure of PCT application is divided into international stage and national stage. In the international stage, acceptance, publication, retrieval and preliminary examination are carried out, while in the national stage, specific national bureaus conduct examination and authorization. The time for a PCT application to enter the specific national phase is within 3 months from the date of application. In this way, when the applicant wants to be protected by more than five countries (generally more than five) for an invention, it is very suitable to use the PCT approach. Because only one international application needs to be submitted to the Chinese Patent Office through the PCT channel, the trouble of submitting national applications to each country separately is eliminated, and there is more time to consider which specific countries to enter in the end. PCT approach is not applicable to design.

the applicant can judge the patentability (novelty, creativity and practicality) of the invention according to the existing technical data mentioned in the international search report and the international preliminary examination report, and can make appropriate amendments to the claim (if necessary), and then decide whether to enter the national procedure.

3. Apply directly to the foreign country without requiring priority. In addition, some countries or regions are not members of the Paris Convention and PCT, and can only file patent applications according to the requirements of their national laws. For example, Taiwan Province is not a member of PCT, and Chinese mainland and Taiwan Province do not support priority.

4. Apply for a European patent through a regional treaty, the Convention on the Granting of European Patents:

The Convention on the Granting of European Patents was signed in Munich on October 5, 1973 and came into effect on October 7, 1977. The European Patent Convention established the European patent system, aiming at strengthening the cooperation of European countries in the field of industrial property rights, so as to obtain patent protection in several contracting States or all contracting States through a single authorization procedure. In 1977, the European Patent Office was established according to the European Patent Convention. Its duty is to provide patent protection to the member countries of the European Patent Organization based on individual patent applications and unified patent authorization procedures, so that invention patents can be protected in one, several or all contracting countries. If the applicant intends to apply for a patent in more than three European regions or countries, it will be faster and more economical to adopt this treaty than to apply to each contracting state one by one.

5. Apply for joint European design

From April 1, 23, industrial designs in the European Union will be registered through a single security protection system. The submitted application for registration of industrial designs will be reviewed by OHIM for a short period of time, and the registration certificate will be issued within about three months.

the registration certificate of industrial design will be recognized by all EU countries, including Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and Britain.

the initial registration period of industrial designs is five years, but the validity period can be extended for five years, and the longest extension period can reach 25 years.

several major national patent applications

Section 1: Applications for U.S. patents

1. Categories of patent applications

(1) Invention patents (Utility): combinations of methods, machines, products or things, or new and useful improvements, all of which can be patented under the provisions and conditions stipulated in this Law.

(2) Design patent: anyone who creates a novel, original and decorative product design may obtain a patent in accordance with the provisions and requirements of this law.

(3) Temporary application: Only the specification and drawings are submitted, and the formal patent application is submitted within one year, so you can enjoy the filing date of the temporary application.

2. review period

generally speaking, an application will have a review result within about six months to one year after the application is obtained.

3. Duration of patent

(1) The invention patent case is 2 years from the date of filing.

(2) The design patent case is 14 years from the date of announcement.

Section 2 Application for British Patent

1. Category of patent application

(1) Invention patent

(2) Design patent

2. Duration of patent

(1) The patent right in the invention patent case lasts for 2 years from the date of application.

(2) The patent right of the design is 5 years from the date of application, and can be extended for 4 times, each time for 5 years, for ***25 years.

section 3: application for german patent

1. application and examination of german patent

(1) invention patent: substantive examination; (2) utility model patent: format examination only.

(3) Design: registration system

2. Validity period:

(1) Invention patent: the invention patent starts from the day after the invention application date and lasts for 2 years;

(2) utility model: it can be extended up to ten years from the date of filing;

(3) design: it can be extended up to 2 years from the date of application.

section iv application for Japanese patent

1. application and examination of Japanese patent

(1) invention patent (franchise) (2) utility model patent (utility model) (3) design patent (designer)

2. patent period

invention patent: the protection period is 2 years from the date of application.

utility model patent: the protection period is six years from the date of application.

Design patent: the protection period is fifteen years from the date of registration

3. Examination system

(1) Invention patent: the contents of the application shall be made public within eighteen months from the date of application, and the actual trial shall be submitted within three years from the date of application.

(2) patent for utility model: this patent adopts the registration system, and the patent right can be obtained without actual examination, and the registration will be granted within 4~6 months.

(3) Design patent: take the principle of actual trial, and start the actual trial in 13 months.

Section 5 Application for Korean Patent

1. Application and examination of Korean patent

1-1. Request for substantive examination within 5 years from the date of application and within 25 months from the date of actual examination;

the term of protection of the invention patent right shall be from the date of registration to the date of "2 years from the date of application". With regard to pesticides or medicines, under certain conditions, the protection can be extended for up to 5 years.

1-2. registration system of utility model

(the license can be obtained in about 3 months after application)

The protection period of utility model starts from the date of registration to the date of "1 years from the date of application".

1-3, design

South Korea adopts a parallel method of design examination and registration system and design without examination and registration system for some specific items.

Objects for which the design has not been examined

-B1 (clothes);

-C1 (sheets, floor mats, curtains);

-F3 (office paper, printed matter)

-F4 (wrapping paper, packaging container)

-M1 (textiles, etc.)

The patent right of design occurs at the time of authorization registration and ends 15 years from the date of registration.

Section VI Application for Hong Kong Patents

1, Patent System

1-1, Patents Ordinance and Registered Designs Ordinance

According to the new Patents Ordinance of Hong Kong, the patent system in Hong Kong includes "standard patents" and "short-term patents", which roughly correspond to invention patents and utility model patents in China.

1-2. Standard patent

A standard patent refers to an invention patent that is examined and granted by a designated patent office and then registered and granted in Hong Kong. There are two stages to obtain a standard patent: the first stage: application record; Stage 2: Request for registration and authorization.

1-2-1. Application record

In the first stage, an application for a patent for invention filed with a designated patent office must be filed with the Intellectual Property Department of Hong Kong within six months after it is published by the designated office.

1-2-2. Request for registration and authorization

In the second stage, after the recorded and published application is authorized by the designated office, it shall request the Hong Kong Intellectual Property Department for registration and authorization within six months after the authorization by the designated office. The protection period of a standard patent is 2 years from the application of the original designated patent.

1-3. Short-term patents

Short-term patents are directly accepted by the Intellectual Property Department of Hong Kong, and will be authorized after passing the formal examination. However, when applying for a short-term patent, a search report issued by the designated patent office must be submitted. The term of short-term patent is 4 years from the date of application or priority, and can be extended for 4 years.

1-4. Designs

Designs are protected in Hong Kong through the Registered Designs Ordinance. The Intellectual Property Department of Hong Kong directly accepts design applications and authorizes them without substantive examination. The application for design registration can enjoy the priority of the earlier application. The protection of a design shall be five years from the date of application or the priority date, and it may be renewed for four times, with each renewal lasting for five years, with a maximum protection of 25 years.

Section 7 Application for Taiwan Province patent

1. Application type

Invention patent: A request for real trial is filed within 3 years from the date of application, and the patent right is valid for 2 years from the date of application;

new patent (utility model): formal examination, and the patent right is valid for 1 years from the date of application;

New-style patent (design): registration system, and the patent right is valid for 12 years from the date of application

Chapter III Documents to be signed or provided when applying for an international patent

1. Power of attorney and entrustment contract

2. A list of entrustment, including the following information: the name and address of the applicant (in Chinese and English); Name and address of the inventor (in Chinese and English); The category of the patent to be applied; Apply for the country; The date and number of the original application and the category of the patent application; Whether priority is required; Whether to submit a substantive examination request at the same time as the application, etc.

3. the request, acceptance notice and original patent application documents (including descriptions, claims, drawings and abstracts) of the original patent application in China.

4. Existing technical data (patent documents, scientific and technological documents closely related to the invention known by the applicant, etc.).

Chapter IV Application for PCT Patent

1. Overview of Patent Cooperation Treaty

Patent Cooperation Treaty (Patent Coo