Studies On Compensation For Damages Of Trademark Of China

With the development of the society,people's awareness of law is increasing. Nowadays, there is an increasing focus on trademark infringement since people pay more attention to intellectual property production. However, it has been an important issue in judicial practice to calculate the compensation for damages of trademark accurately because of the specificity of trademark right. On August 30, 2013, Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China(2013) issued. This is the third time to amend Trademark Law. During this amending, many articles have been changed, including calculating the compensation for damages of trademark, which draw a wide attention.In these circumstances, this paper make a study on compensation for damages of trademark. Looked from the structure that, this article mainly divides into the fore word, the article main body(altogether four chapters) and the conclusion.Chapter I analyses the legislative status and judicial status of damages for trademark infringement these four years in our country, pointing out the problems: for example, statutory damages are overused; there is no provisions of specific calculation formula for statutory damages; the proportion of compensation is too low.Chapter II analyses four main ways in damages calculation and the application in judicial practice.Chapter III introduces four main ways in damages calculation of USA we can learn from so as to improve ourselves.Chapter IV makes suggestions for improving our country's trademark infringement damages in two aspects. One is drawing lessons from evidence collection system and expert witness system, the other one is making the calculating methods in detail.