A Study On Request Right Foundation For Unjust Enrichment Return On Intellectual Property Right Infringement

The interest of the infringement of intellectual property income is important in China’scurrent system of intellectual property damages calculation basis,, as the amount of loss cannot be calculated at the time of a complementary way. This paper argues that the currentstatute in determining the amount of damages for infringing intellectual property rightsinfringement of people benefit equal to the actual loss of the rights of people actually wrong,not only denied the independence claims of unjust enrichment, but also confuse these twolegal basis behind the calculation method and it is more likely to cause confusion on thejudicial practice. Unjust enrichment claims of civil rights as an integral component of therelief system, should also belong to the important part of the intellectual property protectionsystem. However, China’s current intellectual property legislation yet to determine the specificcircumstances applicable to the system of unjust enrichment, there are few studies on theintellectual property claims of unjust enrichment about intellectual circles. We can say that theintellectual property claims of unjust enrichment research, currently in China is still a piece ofvirgin land to be reclaimed. Based on the infringement of intellectual property claims ofunjust enrichment profit profitable return of the meaning of the elements and functions as wellas the theoretical basis for research and combing judicial practice, analysis and unjustenrichment claims for damages on the basis of competing issues on intellectual propertyinfringement found, the infringer’s interests can not be obtained simply presumed to be theactual loss of the right person, presumed damages would return to the interests of the infringerreceived also failed to solve practical problems, on the contrary, in practice already adopted inthe form of processing the return of unjust enrichment infringement benefit approach. Unjustenrichment comprehensive theoretical and practical nature of the infringement profitablereturn of unjust enrichment of practice, I propose, the right to request the return of unjustenrichment, which is given to the right person in our system of intellectual property protection,should be a independence system, as an independent civil remedies. This is not only aneffective means of protecting the rights of the rights of people with the right remedy, it isimportant to balance the interests of intellectual property content to achieve the objective, butalso to improve our legal system of intellectual property rights, and adapt to the trend of thenational intellectual property legislation.