Research On Compensation For Patent Infringement Under The Background Of Transformation Of Scientific And Technological Achievements

Promoting the transformation of scientific and technological achievements and accelerating the industrialization of scientific and technological achievements has become a new trend in the world's science and technology policies.The poor protection of intellectual property rights is the core problem that affects the application of transformation.The low level of protection in practice is mainly reflected in the low standard of the actual tort compensation and the difficulty of safeguarding the rights,which will seriously affect the enthusiasm of the transformation and innovation of the scientific and technological achievements.Therefore,the problem of compensation is of great significance to the improvement of the guarantee system for the transformation of achievements and the improvement of innovation and enthusiasm.It also determines that the improvement of the protection system of the transformation results should be improved on the basis of the law of the market value,to balance the interests of all sides reasonably,and to pay attention to the proof of the problem of compensation.To increase the degree of recognition of the amount of compensation by all parties.The current patent infringement compensation system mainly focuses on: first,the application of the doctrine of equivalents,the relevant provisions are not perfect,and the application is not standardized.The two is the calculation method of too many legal indemnification applicable to judicial practice,which leads to the low compensation amount.This degree of compensation standard is obviously not in conformity with the market standard under the high value of current technology,and it is far below the level of compensation of developed countries.Three,the disharmony between judicial protection and administrative protection under the dual track system leads to the increasing difficulty of rights holders' rights protection,and it also leads to the protection results under the dual track system and does not achieve the desired results.Through the analysis of the above problems,the following suggestions are put forward;one is to improve the applicable system of the principle of equivalence,to formally stipulate the application of the principle of equivalent in the law,and to make sure that the corresponding criteria for the identification of the applicable specific scope,relativity and specific technical characteristics are clearly defined in the corresponding provisions;and two is the law of improvement.To determine the quota of the compensation system,increase the applicable proportion of other compensation methods,increase the amount of compensation,and give the judge the discretion to determine the amount of compensation in the process of the trial so that the amount of compensation can effectively avoid the "allthere is no" problem and the low amount of compensation in the previous calculation method.The amount of compensation judged is more just and reasonable,and is in line with market value.