A Comparative Study Of Patent Infringement Compensation In China And

As the twenty-first century technology is highly developed and the rapiddevelopment of information industry, the number of countries in the world tomillions of patented technology allows the possibility of a breakthrough patentedtechnology getting smaller and smaller. Essential differences between patents andpatent more difficult to demonstrate, more of an improvement is the difference (inthe patent contribution of different knowledge). Difficulties brought about thissituation is how judges can accurately calculate the amount of damages for patentinfringement.Patent infringement is very complicated to calculate the amount of compensationdue to patent cases are highly specialized legal foundation for the trial of the onlypeople who are serious obstacles, so the judges are often required to supportprofessional and technical personnel, especially in order to help finance staffinfringement the amount of compensation be determined, the amount ofcompensation for damages is determined to do an easy thing to say is not easy, inpractice, the amount of compensation for damages identified as having greatdifficulties in operation, which requires a variety of ways to calculate the actualamount of infringement. Even so often not finally calculate the exact amount. So tobuild and apply the calculation method to determine the reasonable amount ofcompensation is important. In patent practice, our judges are often abused statutorycompensation to save time and do not use standardized calculation method has aserious impact on the amount of compensation is reasonable assurance that severelyweakened the incentive function of the patent system and balance.From the similarities and differences between China and the U.S. patentinfringement damages calculated as the center of analysis, pointed out that China andthe U.S., mainly from the loss of profits from the sale of the similarities anddifferences lead to lower profits decline,) price erosion, the profit margin of thethree specific methods, in licensing fees from three main big way such practices,virtual voluntary negotiation, analytical method to calculate the three angles.America once had a profit of infringement but then gradually abolished, but Chinahas a good combination of judicial practice retained. Statutory damages are unique toour country, the United States has no concept of statutory damages. The fourth chapter mainly from the United States in recent years, the rise of the patentedtechnology and market comprehensive analysis of angle cut, more in-depthdiscussion of the technology-sharing with the entire market value. The fifth chapteranalyzes the calculation method of combining patent infringement damages to theUnited States to some of our legislative proposals put forward, mainly related to theintroduction of punitive damages, the illegal profits to improve and expand licensingfees, statutory damages conduct of fine calculation.In this paper, combined with the fourth revision of the Patent Law of the Apple v.Samsung awful century to the integrated use of major comparative study, case studies,historical analysis and other methods for calculating compensation for patentinfringement explore and analyze in order to solve this practice and challenges thefeasibility of providing advice.