Study On The Amount Of Damages For Trademark Infringement

In May 1, 2014, the third amendment of the trademark law began to implement. The revision involving many of the provisions. Among them, the relevant provisions of the trademark infringement indemnity also occurred in the larger changes, such as the introduction of punitive damages system, increased according to the trademark license use fee multiples to determine a reasonable amount of compensation. The damage compensation for trademark infringement has always been the focus of the dispute in the lawsuit of trademark infringement.. How to determine the amount of compensation is not only the focus and difficulty of the case trial in the judicial practice, but also the focus of the theoretical circles.This article is in this context, for trademark infringement cases to determine the amount of compensation to a study, the main use of standardized analysis, comparative study, conducted writing empirical analysis. The full text is divided into four chapters.The first chapter introduces the significance of this paper, the purpose of the previous work and research methods.The second chapter analyzes of trademark infringement damages system evolution and major changes in the new trademark law on the issue of compensation, the results of the relevant legislation is constantly improving, the relevant provisions of the Trademark Law revised both the progress, there are shortcomings.The third chapter is based on the newly revised Trademark Law Article 63 apply to the center, the analysis of the "rights of man the actual loss", "infringer illegal profit", "license fee of multiples," and the four statutory compensation how to determine the amount of compensation manner trademark infringement and their respective strengths and weaknesses exist in judicial practice and analysis of the current situation and the causes of justice by previous data.The fourth chapter through the investigation of foreign related legal system, in order to learn from our country. To improve our country’s trademark infringement damages identified system are proposed, China trademark infringement damage compensation to determine the amount of research on it should only focus of substantive law for the perfection of the program, such as evidence discovery system, trial implement simplified shunt, strengthen the case instruction etc.