知识产权侵权归责原则是对侵权人行为价值评价的基础,是作为侵权人承担相应责任的依据和标准,并贯穿于整个知识产权法当中。然而各国对知识产权侵权归责原则上没有形成统一的标准。本文对两大法系发达国家和TRIPS协议规定进行比较分析,最后总结出观点,以求指导。 The principle of attribution of infringement of intellectual property rights is the basis for the evaluation of the value of the infringer’s conduct and serves as the basis and standard for the infringer to bear the corresponding responsibility and runs through the entire intellectual property law. However, in principle, there is no uniform standard for the infringement of intellectual property rights by various countries. This article makes a comparative analysis of the developed countries of the two major legal systems and the provisions of the TRIPS Agreement, and finally summarizes the views for guidance.