A Study On Repeated Compensation Of Intellectual Property

Damages occupy the central position of the intellectual property rights of relief,to establish reasonable amount of damages related to the vital interests of substantivejustice and the parties, is of great significance. Accompanied by the developmentof science and technology, today a product usually carries a number of intellectual propertyrights holders when the products become infringing products, as a variety of intellectual property rights to the court proceedings on the basis of how the court should judgment calculating compensation amount? This is a big problem to put in which theorists and practitioners. It is to this problem based, is divided into four sections explore some repeated litigation of intellectual property infringement damage compensation.Mainly on the first part is an intellectual property infringement damages repeat compensation case. Which in this case, the plaintiff Ming dynasty’s rights to intellectualproperty as the basis, respectively, to Beijing and Guangzhou court proceedings, sued the defendant Hongfa company infringed its intellectual property, requirements tort damages. In these two cases, the same plaintiff and the same defendant, using the same evidence of infringement, based on the same fact of infringement, lead to the same consequences of the damage. Beijing conviction of the amount of compensation to consider the fact of infringement and infringement plot, has been completely covered the plaintiff alleged infringement and infringement plot, tort economic losses caused by thedefendant, the plaintiff has been fully comprehensive judicial relief. But the Guangzhou case the court of first instance and then judgment compensation, thus forming the the "Repeat compensation".The second part is the Analysis of the case. The article first analyzes demonstratethe nature of intellectual property infringement damages, and then on the same tort against a number of intellectual property rights at the same time constitute the claimsof competing discussed. In the interpretation of the first two questions, I think, by the same fact of infringement, the rights of trademark rights and the rights of legitimate competition at the same time the infringement, the rights of the people of the two rightsconstitute rights of competing. In the rights of competing state occurs, the principlescan only select a right to sue for damages on the basis of the rights of people;, canonly determine the compensation for the judgment on the basis of a right as the rightperson at the same time claim compensation, but can not repeat the calculation of damages. Fundamental intellectual property compensation principle applies filled principle,regardless of form there are few heavy tort-like state, on the surface, there are severallegal relationship, but is actually based on the same fact of infringement, triggering the same consequences of the damage caused by the rights holders. economic losses canonly be one and the same, and the same time. If the preceding has been into force the same consequences of the damage caused by the judgment of the same fact of infringement made by the referee,"filled" the plaintiff’s economic loss, after the trial is not to respond to the same infringement facts lead to the same consequences of the damage and then determine compensation otherwise, is the abuse of the right to appeal the connivance and encourage rights holders to obtain illegal benefits.The third part is the main intellectual property infringement damages repeat compensation reasons. Repeat the question of compensation arising mainly due to five points: First, the imperfect legal system of intellectual property, intellectual property law special law of damages made their own provisions, but these provisions applicable whenthe lack of inter-coordination requirements; Second, intellectual property damagesinstitutionally flawed identical the current specialized intellectual property law in the calculation of the amount of damages; Third, intellectual property disputes, the jurisdiction ofthe Court dispersed non-uniform, making duplicate compensation due to local protectionism, various court trial standards, the trial standards different factors; Fourth, the rights of human suppressed out competitors, the abuse of the right of appeal also lead toduplication of the issue of compensation to produce important reason; five analysis ofjurisprudence from the economic point of view, the rights of man as a rational econ omic man, chasing maximize their own interests is repeated one of the reasons the issue of compensation.The fourth part is the Solutions for intellectual property infringement repeat the question of compensation for damage. To solve the problem of duplicate compensationis to perfect the legal system of intellectual property rights, the creation of the Intellectual Property Code, so that the intellectual property system and to prevent conflict and disharmony within the specialized intellectual property laws. Second, it is necessaryto improve the system of intellectual property rights infringement damages on the method of calculating the amount of damages to be refined to increase the "principle ofdistinction". Third, the creation of specialized intellectual property courts intellectual property disputes, and to curb repeat the question of compensation due to local protectionism, the trial court standard, the trial level different reasons. Finally, it should be introduced in the administration of justice which the value of intellectual property assessment system, professional issues which the trial to identify, assist judges and accuratesettle a lawsuit.