the constitutive requirements of intellectual property infringement include four aspects: injurious behavior, existence of injurious facts, causal relationship between injurious behavior and injurious facts, and subjective fault of the actor. The constitutive requirements of general intellectual property infringement refer to the factors that must be possessed in general. Regarding the content of the constitutive elements of intellectual property infringement, let's take a look at it together. I. Constitutive elements of intellectual property infringement 1. Damage facts. Damage fact refers to the actual damage consequences, including property loss or mental pain. In this regard, China's intellectual property law has the following provisions: (1) Article 47 of the Copyright Law stipulates that copying and assembly without the permission of the copyright owner, and Article 46 stipulates that recording without the permission of the performer is an infringement. If the infringer only copies, assembles and records, and neither uses it, nor sells it or gives it away, of course, it will not cause damage consequences. According to the compensatory characteristics of civil legal relationship safeguard measures, it should not bear civil liability for damages. However, it is clear that these acts are tort in nature. (2) Article 11 of the Patent Law stipulates that the patentee has the right to manufacture and promise to sell. If the infringer only manufactures or promises to sell the patented product, and neither uses it, nor sells it or gives it away, similarly, he should not bear civil liability for damages. However, Article 57 of the Patent Law clearly defines it as an act of patent infringement. (3) Article 49 of the Copyright Law, Article 61 of the Patent Law and Article 57 of the Trademark Law respectively make it clear that immediate infringement is an infringement and should bear civil liability. As we know, the essence of immediate infringement is an act that is likely to cause harm, but it has not caused harmful consequences, but it still constitutes an intellectual property infringement. As can be seen from the above, from the perspective of China's intellectual property legislation, the constitution of intellectual property infringement is not based on damage to facts. 2. Subjective fault. Some scholars believe that the infringement of intellectual property rights is a general infringement and advocate the application of the principle of fault liability; Some scholars believe that this kind of tort has many attributes, including general tort, infringement, nuisance, embezzlement and other behaviors, and advocate that the principle of fault liability and the principle of no-fault liability should be applied respectively according to the different nature of the behavior; Some scholars advocate the introduction of the principle of no-fault liability. The author thinks that compared with the tort in tort law, intellectual property infringement does have many attributes, including both the general tort with fault and the so-called tort without fault. For example, according to Article 63, paragraph 2, of the Patent Law and Article 56, paragraph 3, of the Trademark Law, acts of using and selling in good faith still constitute infringement. If it can be proved that they have a legal source, they can be exempted from the liability for compensation (only the liability for compensation is exempted), and at the same time, it is stipulated that "they should bear the legal responsibility for stopping the infringement". Obviously, not only the tort mentioned here does not need to take the fault of the actor as the constitutive element, but also it does not need to take the fault of the actor as the constitutive element to bear the legal responsibility of stopping the tort. Therefore, to sum up the constitutive requirements of all intellectual property rights infringement, subjective fault should not be included, otherwise the extension of intellectual property rights infringement will be improperly narrowed, such as no-fault infringement will be excluded from intellectual property rights infringement. Second, the infringement of intellectual property rights is mainly divided into four types: the first type is trademark infringement, which is the last thing we want to see, because it is the most blatant type of infringement. Before 1998, this kind of infringement occurred more frequently, and in recent years, with the improvement of intellectual property awareness of most enterprises, it has gradually decreased. However, enterprises should still pay attention to the geographical and time problems in the process of trademark use. There are regional restrictions on the use of some trademarks. For example, the trademark of a certain product can be used in the United States, but not in Italy, because the use of a trademark in a certain region requires the authorization of the trademark owner. In addition, there is a time limit for trademarks. The time limit for a trademark may be 1 or 2 years. Those who still use it beyond this time limit may be sued for infringement. The second is that the tort is copying the appearance, structure and principle of others. This kind of infringement happened the most in recent years, accounting for 8% of the whole infringement cases. The third kind of infringement is the alleged infringement of the color, packaging and fixture of the goods. When it comes to the color of goods, some people may wonder whether color can also constitute infringement, but in fact there is such a thing. Some foreign businessmen are very cunning. They may register the color of their products in a certain area, and other manufacturers' products cannot use this color when they enter the area. For example, in Illinois, USA, wrenches exported to this area cannot use red color. Other manufacturers will also cause intellectual property disputes by copying other people's packaging and samples. In addition, one of the most easily overlooked infringements is the fixture infringement of exhibition goods. The so-called fixture is an accessory to fix the goods on display. If exhibitors don't pay attention, it will also constitute infringement, because all products have commercial behavior during the exhibition. The fourth category is sample infringement. In previous exhibitions, sample infringement still happened more, accounting for 2%. Third, the standard of infringement identification 1. The act of using the portrait of the portrait owner without the consent of the portrait owner without blocking the illegal reasons. 2. Making portraits of others without authorization (including having photos of others). 3. Malicious insults and defaces the portraits of others. An act that constitutes an infringement of the right to portrait should have the following two elements: one is to use the portrait, and the other is to use the portrait without the consent of the portrait owner or without justifiable reasons. Specifically, there are the following kinds of violations of portrait rights: (1) using the portrait of the right holder for profit without the consent of the right holder; (2) displaying, making public, displaying, copying and distributing the portrait of the right holder without the consent of the right holder, although it is not for profit; (3) Use the portrait of the obligee beyond the permission of the obligee; (4) using the portrait of the right holder beyond the geographical scope permitted by the right holder; (5) Use the portrait of the obligee during the period beyond the permission of the obligee. Bring you all the elements of intellectual property infringement. The occurrence of infringement is not allowed by law and will be punished by law, so we must abide by the law in our daily life. .