Study On Problems Of Compensation Systems Of Intellectual Property

In this essay, compensation systems of intellectual property are discussed from the following four aspects concerning principles of liability in infringement, principles of compensation for damages , extent of compensation and amount of compensation. First, the essay presents that establishing the claiming system of intellectual property is necessary. Principles of liability in infringement about intellectual property is different from principles of liability in infringement about compensation for damages, claiming of intellectual property includes three distinctive contents: 1) Principles of liability in infringement are responsibilities not being regarded as mistakes.2) Principles of liability in infringement are not applied lawsuit times.3) Principles of liability in infringement are not applied gain times. While principles of liability in infringement about compensation for damages are liability in innocent infringement. Secondly, the essay introduces the lack when principles of liability in balance out innocent infringement is applied in justice practice by comparative analysis of relative provisions about Trips agreement and some Chinese clauses. Furthermore, the paper also gives that the system about compensation as punishment is established in the procedure of Chinese intellectual property. Thirdly, the paper emphatically discusses lawyers and compensation for mental injury. According to the principle when personal right is harmed, compensation can be asked for, the essay puts forward that patent and trade mark have personal properties, but they are derived by conventions. Meanwhile, compensation for mental injury can be gained when the right of goodwill is harmed on the basis that invented people have mind. The paper finally presents Chinese relative laws are not perfect, then analyzes the calculation about the actual loss of obliges and the profit of Primary infringer.