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Determination Of Damages For Patent Infringement In U.S. And Reference To China

Posted on:2015-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:S Y JinFull Text:PDF
GTID:2296330467954079Subject:Intellectual Property Rights
Abstract/Summary:PDF Full Text Request
Since China’s patent law amendment in2000, the “damages” forpatent infringement was first made to detail classification. Combinedwith the3rdrevision in2008, there are four methods to calculate theamount of the damages:(1)actual loss for the patentee;(2)illegal profitsfor the infringer;(3)reasonable patent licensing fees; and (4) statutorydamages. After the3rdrevision, the first method was in the first place,and other three methods were also in a clear sequence. It told the judgehow to use these four methods in a right way. But there are still someproblems and weakness in applying the rules in practice. Many scholarshave put forward opinions and suggestions for this topic in recent years.In this paper, I comb the method for determining the damages for patentinfringement in U.S. patent law and cases through interpreting andanalyzing the latest books and literature data, aimed at finding a betterway to determine the damages for patent infringement in China.Except for the introduction section and the conclusion section,there are four chapters in this paper.The first chapter includes several typical cases in China recentyears and the analysis of these cases. These cases lead out current patent infringement damages compensation rules in China, including thenot-applicable calculation methods, the burden of proof is not clearenough and the lawful punishment is not severe and so on. This chapteris related to the latter chapters of patent infringement relief in U.S.The second chapter details the U.S. patent infringement system andits calculation method of damages. It also consists the abolition ofinfringer’s profit calculation, which provides some important clues todetermine the compensation.The third chapter introduces our country’s patent infringementrules and cases. It puts the courts’ judgment for patent infringementcompensation in recent5years by analyzing some typical provinces’judgment in eastern, western, and central regions. It intuitivelyprovides charts with data and research value for patent infringementcompensation.The last chapter is about how to promote the patent area’sdevelopment of China. It brings the valuable practice in U.S. into China,and provides solution to the problems pointed out in the first chapter,aimed at improving the protection level of patent.
Keywords/Search Tags:Patent Infringement, compensation calculation, thecalculation method, the U.S.
PDF Full Text Request
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