Study On Patent Infringement Damages

The purpose of this study is to find the parts of China’s patentinfringement damages system which provide excessive patent strength andto put forward suggestions for improvement in order to correct excessivepatent strength. The research method is a comparative approach. Thecontent of the comparison is the patent strength of the comparablemicro-system in patent infringement damages system in US and China. Thetheoretical premise is the level of economic and technologicaldevelopment determinism: the patent strength in developed countriesshould be high; the patent strength in developing countries should be low.The United States is a typical developed country, while China is stilla developing country. The comparison between the patent strength of thecomparable micro-system in patent infringement damages system in US andChina will show the parts of China’s patent infringement damages systemwhich provide excessive patent strength, which should be reduced. The wayto reduce patent strength is to learn from the practice of the United States, because doing so can make sure that the patent strength in Chinanot be higher than the one in US. In addition to the above idea, the paperwill also examine the parts which provide excessive patent strength fromthe perspective of fair to find more reason to support the conclusion ofthis article.The contents above are described in detail in the chapter of “theresearch methods, theoretical premise and research ideas”.By comparison, the author found that there are two parts whichprovide excessive patent strength: the rules to determine causation insales diversion case and illicit profits compensation system. The mainpart of the article argues around these two micro system.Chapter Ⅰ argues that China’s rules to determine causation in salesdiversion case provide excessive patent strength. Section I introducesthe rules to determine causation in sales diversion case in US. SectionII introduces the rules in China, and compares them with the ones in US,concluding that the related rules in US are more stringent, that therelated rules in China provide excessive patent strength, and that weshould lower our patent strength in related rules. Section II Alsoanalyzes the problem from the perspective of fair, and givesrecommendations to improve related rules.Chapter Ⅱ argues that illicit profits compensation system in Chinaprovides excessive patent strength. Section I introduces the abolishmentof illicit profits in US and the reason of the abolishment. Section IIintroduces the existing illicit profits system in China, and compares itwith the illicit profits system in US， concluding that illicit profitssystem in China provide excessive patent strength and that we shouldabolish illicit profits system. Section II Also analyzes the problem fromthe perspective of fair, and recommend establishing reasonable royaltyto replace illicit profits system. Chapter Ⅲ summarizes the recommendations on improving patentinfringement damages system.