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Research On Damages For Infringement Of Intellectual Property

Posted on:2005-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:L HaoFull Text:PDF
GTID:2156360125952903Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Damages for infringement of intellectual property is the most important issue to the obligee of intellectual property, the infringement and the judge as well. It is an issue worthy of further theoretical study. First, the real purpose of the obligee's lawsuit is not only to realize the motion for a ruling that the acts of the infringement constitute the infringement, but also to punish the infringement and make himself get sufficient judicial remedy. The obligee would do his accounts and make sure whether it is worthwhile to punish the infringement and protect his interests of intellectual property by means of lawsuits. Second, to the infringement, he is concerned about what kind of legal consequences he has to face caused by the lawsuit. If the punishment is inadequate and the profits for infringement are higher than the loss due to the punishment, the obligee would be stimulated to continue his acts of infringement, whereas those who are punished for the acts of infringement would thoroughly rectify his errors. Finally, to the judge, he should consider the balance of interests of the parties concerned, even the balance of interests between the parties concerned and the public. On one hand, the judge should punish the infringement to compensate the loss of the obligee and make sure his corresponding compensation while make the infringement experience "the keenly felt pain" so as to warn the whole society; On the other hand, the punishment is not unlimited. The judge should consider the rational remedies to realize the interests of the obligee and that of the whole society according to the seriousness of the infringement and the practical situation of the social economy.With China's entry to WTO, the intellectual property is becoming more and more important to our economy. Nowadays, all countries in the world are increasingly improving the protection of intellectual property. Therefore, combined with the situations and laws of different countries, it is significant to make systematic research into the damages for infringement of intellectual property . In this thesis, the author introduces the implication of the damages for infringement of intellectual property, compares the damages for infringement of intellectual property and the that of the general damages for civil infringement, the scope of the damages for infringement of intellectual property, such as the actual loss, mental damages and damages of commercial honor, the reasonable expenditure for the oblige to investigate and stop the infringement (including the lawyer's fee) and the interests prior to the judgment should be listed in the scope of compensation or not, the principles and nature of damages for infringement of intellectual property, the ways to calculate the damages for infringement of intellectual property, such as the actual loss of the oblige, the illegal profits of the infringement, the factors that should be considered in defining the amount of compensation and the deficiencies and improvement of the current system of damages for infringement of intellectual property in China. Based on these introductions, the author makes research into the rational, legitimate and practical solutions for the Intellectual Property Law to solve the problems in damages for infringement of intellectual property in judicial practice.
Keywords/Search Tags:Intellectual property, damages for infringement, compensation for damages for infringement, compensation for damages for infringement of intellectual property, balance of interests
PDF Full Text Request
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