| China has amended its Patent Law for the third time to adapt the development of the times. As an important aspect, the amount of statutory damage is doubled with the aim of significantly strengthening the protection towards the patentees. The actual losses of the patentees, however, could not be adequately recovered only by increasing the statutory damages. The loss recovery system in China is still suffering from several problems such as no discrimination between lost profits and reasonable royalties, as well whether or not to apply the entire market value rule and apportionment.Meanwhile, U.S congress has amended its patent code by integrating the AIA. As an important part of the Reform Act, which was eventually not be embodied in the AIA, the codification of the rules of calculating and analyzing the lost reasonable royalties were highly controversial. This article is aimed at providing a reference to China by analyzing the background and newly cases regarding the calculation of reasonable royalties. |
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