Research On Compensation For Damages Of Trademark Infringement

With the growing importance of intellectual property rights, trademarks areas infringement also a growing concern. But simply because of the special nature of the object, and its relatively wider range of rights, infringement of the complex and diverse manifestations, to identify and determine its infringement damages caused great difficulty. Establish accurate trademark infringement and sound compensation system that the standard of our trademark laws and social development is of great significance. The author selects a growing number of trademark infringement and damages research. From a structural point of view, the entire paper is divided into four chaptersThe first chapter is preface.The second chapter is trademark infringement. The first section is the trademark concepts and substantive. Trademark is a commercial identification sign provided by the dealer in the use of the goods or services, in order to distinguish goods or services from others. Its basic function is to distinguish goods or services sources. Its essence is the structural information or sign of goods or services. The second section is the type of trademark infringement and judgment. Trademark infringement is against trademark right. According to China's trademark law provided several detailed feasibility studies and relevant foreign legislation demonstrates the type of trademark infringement and judgment standard. The subjective fault does not affect the infringement. The third section is the essence of trademark infringement. Trademark is scarce. Each particular brand of social benefits (that is the trademark in a certain time, can produce all receipts) is limited, a person obtains the benefits more (that is, the personal income trademarks greater), others can obtain small, Whether "Jan had borrowed his" or "he will have damage" are infringement of trademarks function, which makes the function can not play normal. The fourth section is trademark infringement excuses. Every right has limit, trademark right no exception, including fair use, prior right and exhaustion of trademark right.The third chapter is the purpose and principles of trademark damages. The first section is the compensation purposes. Since the scarcity and the high transaction costs generates the free-rider, a infringement incentive, in which case it needs to intervene in the law of infringement. The purpose of damages for infringement is to make a national infringement person assume liability for infringement and increase the cost of its infringement, even greater cost. The second section is the principle of compensation. I think that in trademark infringement damages, the three most important principles: (1) full compensation principle. (2)...