Study Of Compensation Related To Our Patent Infrigement

Knowledge based economy takes the most important position in twenty-first century, it is more and more obvious to see the role of knowledge innovation in the economy development. Since China turned into a member of WTO, dazzling achievement has been obtained. The quantity of patent increases fast, meanwhile, the number of cases of patent dispute also rises quickly. As a relief means of right holder, the amount of patent infringement compensation is closely related with the strength of patent protection. Hence, the calculation method of the amount of patent infringement compensation bears great significance.Part 1 mainly defines the patent infringement, lists the infringement models and further classifies infringement into direct infringement and indirect infringement. In spite of the absence of provision of indirect infringement in China, indirect infringement has already become a legislation issue that we can not ignore in China. The models and significance of indirect infringement are emphasized in this article, and the great significance of adding indirect infringement in China legal system is proven.In the part 2 of this paper, the scope and principle of patent infringement compensation are introduced through patent infringement. Plus, the positive meanings of punitive principles are illustrated via analyzing the perception of punitive principles by the academic community.Employing the method of cases analysis and comparative analysis and starting from the top 10 intellectual property cases in 2009 determined by China Supreme People Court, part 3 conducts detailed analysis to the controversial points of these cases, hereby to illuminate how to apply the patent infringement compensation methods in China legal practice. In this part, the calculation method and shortcomings of China damage compensation have been primarily studied, and the comparison with foreign legislation has also been conducted.Part 4 summarizes the studies of the above parts, through the condensation of fair principle applied to infringers, self-determined option of reasonable calculation method by right holder, the necessity of punitive damage and the importance of mental compensation, the author puts forward his own suggestions for the perfection of China calculation method of infringement compensation.