侵权责任、损害赔偿责任与知识产权保护

The establishment of intellectual property infringement, and further, the establishment of the liability of tort, i.e. the liability of damages, have always been the problem that has troubled Chinese scholars as well as legislators and judges. Although the amendments of certain separate laws on intellectual property for the purpose of adhering to Trips under WTO seem to settle part of the problem, yet in theory, it remains to be addressed with efforts. The author tries to explore the very root and causes of the problem, by comparing domestic laws of a number of countries and cases of infringement and tort. By this way, we may ultimately find out the ways and means to deal with this problem once and for all.