The Study On Intellectual Property Statutory Compensation System

Mostly, there are "qualitative" and "quantitative" problem in the cases of infringement ofintellectual property. The "qualitative" is to deem whether a behavior to be an infringement,while the "quantitative" is to determine a reasonable amount of damages in the premise ofconfirmation of an infringement. Because of the object of the intellectual property has thecharacteristic of immaterial, the infringement of intellectual property is complexity andconcealment and the damage is difficult to measure accurately. Both the standard of the actualloss of right holders and the infringement profits of the infringers have obstacles to determinethe amount of damages.In order to solve the problem, the law established statutorycompensation system.The current Copyright Law, Trademark Law and Patent Law all make provisions of thestatutory compensation system, but the provisions are too general and there are still manydeficiencies. There are still some useful explorations of statutory compensation of theintellectual property in the academia, but on some basic problems such as the nature ofstatutory compensation, the suitable conditions and the objects have failed to reach aconsensus. This article analyzes the statutory compensation system from both theoretical andpractical aspects to clarify some controversial issues on the theory and practice of statutorycompensation. Finally, we draw lessons from foreign countries and rebuild the statutorycompensation system on the basis of our country.This paper is divided into five parts:The first part, this paper introduces the basic situation of the statutory compensationsystem. To solve the problems in a system, we must clarify the basic theory. Firstly, it makesa brief introduction of the concept and characteristics of the statutory compensation system,and then describes the causes of the statutory compensation system. As a not very accurateway to determine damages, statutory compensation system has its inevitability of generation.It is caused by the characteristics of intellectual property infringement and the defects of theexisting system. Finally, the existence of the statutory compensation system is also of greatsignificance, its role in protecting the holders of the intellectual property and in the judicialpractice can not be ignored.The second part, this paper clarifies the nature of the statutory compensation system,which is also the focus and difficulty of the article. First of all, the statutory compensation is a system of damages or a method of calculating the amount of compensation related to theposition of the statutory compensation, which must be cleared. Secondly, the relationshipbetween statutory compensation and comprehensive compensation not only affects the effortsin protecting the rights of people, but also concerns whether there is applicable room forpunitive damages. Finally, this paper focuses on discussing the legitimacy of introducing thepunitive damages in the statutory compensation system and to remove the theory obstacles inintroducing punitive damages in statutory compensation system.The third part, this paper introduces the application of the statutory compensation injudicial practice from the practical aspect. It discuss from the perspective of the applicableconditions, the applicable objects and the applicable time.The fourth part, It discuss how to determine the amount of statutory compensation. Thestatutory compensation should be implemented to determine the amount of the compensationin the final. Through the discussion, we make clear the basis in determining the amount ofstatutory compensation, the factors need to refer to and the scope of the statutorycompensation.The fifth part, this paper returns to China’s statutory compensation system and putforward opinions for the perfect of it. First of all, in order to clarify the current situation of thestatutory compensation in our country, it introduces the development history of the statutorycompensation system. Secondly, this paper analyzes the problems of statutory compensationsystem in China and puts forward the corresponding proposals for the perfect of it.