A Study On Repeated Compensation Of Intellectual Property

Protection of intellectual property rights object—non-material information to the particularity of its specific damages on the calculation is of great difficulty and uncertainty. infringement of intellectual property rights will not lead to the violation of intellectual property rights in the physical shape by any loss, and will not hinder the owner of the exercise of its intellectual property rights, the right infringement person even may simultaneously use some intellectual property rights with the oblige compatibly. The copyright law, trademark law, patent law respectively provides three methods of calculation of damages, and three of those provisions have in common, it can be classified as "loss of rights holders", "actor profit" and "statutory damages" of three calculation methods. That, simultaneously encroaches upon many intellectual property rights in some behavior in the situation, whether the obligee can rest on this three legal the stipulation to obtain respective item of under separately the compensation?The damage compensate holds the core status in the intellectual property rights right relief way, determines the reasonable compensation amount related critical time essence justice and the all quarters litigant vital interest. Through this article with a typical legal system of intellectual property rights backbone laws the copyright law, trademark law, patent law to comb found, cause repeat compensation problems of intellectual property rights law factor is derived by intellectual property laws in the damage calculation on the common, The direct cause is picks "the right infringement person to make a profit" for the computation foundation way, the basic reason lies in the computation foundation the identity. At the same time, in view of the fact that the domestic correlation writings research and mutual recognition judicature operating procedure lacking, the process combs studies US about the intellectual property rights repetition compensation question rich case and some mature judicature experience, may provide some enlightenment for our country, improving the existing intellectual property laws concerning the method of calculating compensation for damages and the introduction of intellectual property valuation amount for this article of settlement proposed by intellectual property rights duplication in the compensation issue, This article also to the intellectual property rights value appraised should have the related question specifically in the intellectual property rights damage compensate lawsuit to do has involved initially.