Research On Valuation Standards And Methods Of Compensation For Damages Of Trademark Infringement Of China

At present, the research on valuation standards and methods of compensation for damages of trademark infringement in our country is a new topic; many questions need solving. The important and difficult problems at practice are the division of compensation standards, the determination of value types and the selection of valuation methods and so on. These aspects are essential to each trademark infringement damage compensation valuation, and assign crucial functions to the entire decision and punishment of trademark infringement cases; therefore it is necessary to conduct a thorough research to these aspects.The research on valuation standards and methods of compensation for damages of trademark infringement takes instructing the judicial practice as a goal, and it is essential to judicial appraisal, thus this article explores trademark infringement damage compensation valuation methods and how to make the theory of property valuation and the judicial practice organic synthesis from the judicial practice and valuation practice. From the judicial practice this article has studied the related legal basis, including the trademark right infringement determination standards, right infringement period, compensation principle and damage compensation computation methods; from the valuation practice, this article has conducted the research to the trademark infringement damage compensation valuation standards, the determination of value type, the basis of valuation and the main valuation methods and so on. This article summarizes 6 standards of compensation for damages of the trademark infringement, which has laid the research foundation; and analyzes the similarities and differences between the trademark infringement damage compensation valuation and the related valuation, to prevent the valuation methods abusiveness. The research on the trademark infringement damage compensation valuation may provide the related technology for the judicial practice, which is advantageous to developing the quality of deciding the infringement cases; and the establishment of standard, science trademark infringement damage compensation valuation theory and targets system can play a positive role in enhancing the idea and strategic level of the enterprise creating a well-known trademark and promote the formation of well-known trademarks; and moreover may reduce the excessive use of the fixed quantity compensation.