Study On The Intellectual Property’s Statutory Compensation

The rights of intellectual property is intangible, it is the nature of intellectual property, it is also because of this, when infringement of intellectual property rights occurs, the loss of human rights or the infringer’s profit is difficult to calculate, the amount of damage can not be determined, so the concept of statutory damages introduced in the field of intellectual property infringement indemnification. Innovation point of this paper is to clear the intellectual property legal compensation of punitive and as the major premise of intellectual property legal compensation, at the same time clear the number to the right standard as to determine the legal compensation measurement standard.This article tries to discuss the intellectual property statutory damages from the five chapters. The first chapter is a brief introduction the concept of statutory damages, characteristics and the nature. The second chapter discusses the theoretical basis and practical value of statutory damages, which is a manifestation of the intellectual property legal compensation rationality of its importance. The third chapter discusses the problem and the recommendation of intellectual property rights applicable statutory damages in order, principle and applicable time. Chapter IV and Chapter V discusses the statutory damages in intellectual property reference factors present on measurement standards, and hopes to improve the statutory compensation reference factor, to establish effective protection for the right to claim legal compensation quantity measurement standards initiatives intellectual property body.