Research On Intellectual Property Infringement Compensation System

In recent years, with the intellectual property infringement cases are increasing,and the problem of intellectual property infringement damage compensation are alsopaid more and more attention by people, but in the judicial practice, the processing ofthe court for intellectual property infringement damages compensation is often haveto face all kinds of problems, especially to determine the amount of tort compensationfor damage is among the key and difficult point. To clarify the existing problems ofintellectual property intellectual property infringement compensation existing inChina, this article performs empirical research of Chinese current judicial decisionand analyzed the statistics, and on the basis of comparative study of the United Statesand intellectual property infringement compensation system in China, points out thedefect existing in the process of applying the current standard of compensation forinfringement damage, and analyzes the causes, then the author propose to improveexisting system intellectual property infringement compensation,and at the same time,it is necessary to establish a punitive compensation system of intellectual propertyrights as a supplement. Based on the above,this article is divided into four chapters.The first chapter study the current situation of intellectual property infringementcompensation and the problems existing. Based on randomized approach,this articleselected related cases judged by Shanghai court in2011-2012and be a statisticalanalysis of the data,review general features of the judgement, and points out that theright owners general can not receive fully compensation from the judgement,and thishas become the prominent problems. And mainly attribute to this phenomenon lies inthe existing damage compensation system is not perfect, it is difficult to solvepractical problems in practice. At present,there are two principles in the field of damages,which iscompensatory damages and punitive damages, and in our country in intellectualproperty damage compensation is mainly adopted compensatory principle. Differentfrom traditional principle of compensatory, punitive damages has its distinctcharacteristics, for some special tort types, such as intentional tort, punitive damagesmay make better use of its special function of punishment and containment,which theformer don’t have. In the second chapter the author introduce the two damageprinciples, and emphatically expounds the nature and function of punitive damages, atthe same time, through review the main arguments against the punitive damages,made clear the rationality of the existence of punitive damages.And at present ourcountry in a few existing laws which have some regulations are similar in nature tothe punitive damages,as it were provide the basis to apply punitive damages inintellectual infringement more widely.The third chapter make a detailed study of the intellectual property infringementcompensation system of intellectual property rights of United States,in accordancewith the traditional classification in Intellectual property law. In the research process,with a focus on the various calculation methods about compensation for damage intrademark law,Copyright Act, as well as of the patent law,and also review theapplication of punitive damages in there.The fourth chapter basically put forward some Suggestions for our country’sexisting ipr infringement compensation system. At the conclusion of the theaforementioned issues and foreign reasonable on the basis of practice, the authors putforward improving the existing evidence system of intellectual property rights,specific reference factors and principles and improve the legal compensation systemaspects, in order to improve the existing Intellectual property infringement damagesystem. At the same time, according to the characteristics of the intellectual propertyrights itself and the punitive compensation system of intellectual property rights insome mainland legal system countries has built up, we could conclude the necessityand feasibility to establish punitive damages principle in our country,and assupplement to existing ipr infringement damage system and compensatory damageprinciple, and in the process of establish punitive damages system we shall be paidmore attention to clarify its relationship with other systems,and what limit should beimposed.