Q: Should joint liability be imposed for IPR infringement?
A: Yes. Under Article 9 of the Tort Liability Law: 鈥淥ne who aids and abets another in committing a tortious act shall bear joint liability with the actor.鈥� Meanwhile, Articles 8 and 12 thereof respectively set out the type of joint infringement such as joint infringement in the narrow sense, infringement through aiding and abetting, joint infringement endangering others鈥� personal rights and property rights, infringement without intention communication. Thus, for IPR infringement, the rights holder may directly sue those who assisted the tortfeasor for tort liability, which will effectively curb the IPR infringement.
