Patent Infringement Damage Compensation Law Studies

In the international economic competition, the role of intellectual property rights more and more important, a modern economy competition is actually a competition in intellectual property rights. Therefore, many countries have formulated and implemented the strategy of intellectual property rights. In the face of international protection of intellectual property rights of strength increasing, and the current situation of intellectual property protection in China, our country must take immediate action to protect intellectual property rights, especially patent rights, follow the world trend, speed up to develop and implement the strategy of intellectual property rights, against infringement of intellectual property rights are frequently reported. With the development of modern science and technology changes with each passing day, the trend of economic globalization strengthening continuously, and international technology trade, great changes have taken place in the world intellectual property system, the importance of patent is also growing. Intellectual property plays an irreplaceable role in economic development, become an important force to promote the development of the economy. But in real life, patent abuse, such as patent infringement cases, lead to the compensation issues also emerge in endlessly. How to solve the problem of patent infringement damage compensation is one of our major task, this article through to a patent infringement and the liability for damage caused by the legal analysis, based on legislative practice of other countries for reference, aiming at the problems in practice, how to solve the patent infringement damages perfect Suggestions are put forward. The article is divided into three parts:The first part introduce the basic theory of patent infringement damages, this paper introduces the concept of patent infringement damages and characteristics. And the principles, the scope of patent infringement damages, etc.The second part introduces the relevant provisions of the patent infringement damages and analysis, including the United States, Germany several important countries of the provisions of the patent infringement damages has carried on the detailed introduction and overview. At the same time, the mainland practices the socialist system, the Taiwan region shall practise a system of capitalism, while the form of governance, but Taiwan in the progress of patent infringement damages provisions, or worthy of our reference and reference. International has a important provisions of the patent infringement damage compensation, that is the TRIPS agreement, Chinese scholars should seriously study the essence, thus for our country. Also introduces the legislation of patent infringement damages in China and analysis the characteristics of the patent law for the fourth time change and progress.The third part introduced our country patent infringement damage compensation in legislation, judicature and practice of legal problems in the analysis and improving Suggestions, there are many drawbacks in the legislation, need to be improved. Our country encountered a lot of cases of patent infringement damages, in handling these cases this needs us to find out the question, makes our country’s patent infringement damages system continuously perfect.