Research On The Determination Of Damage Compensation For Trademark Infringement

In recent years,trademark infringement compensation cases which caused a heated discussion among the public emerge in endlessly,such as "New Balance" trademark case,"Purple Jade Mountain Villa" trademark case,"Qingfeng" trademark case,"Beautynest" trademark case.Trademark as an important intellectual property,the amount of compensation after its infringement,has always been the focus of judicial practice.The reason why the amount of compensation is difficult to determine,mainly because the trademark as an intangible property,different from the traditional material-led infringement damages rules,the damage caused by the trademark is difficult to calculate the difference between the actual value of impairment.And the current "Trademark Law" on the trademark infringement compensation system and the judicial practice,can not really solve the problem of determining the amount of compensation.This paper will be in-depth study as far as possible through case analysis,comparative research and other research methods,and provide related suggestions for China's trademark infringement damages compensation system.The paper includes the introduction and the text.The introduction part includes putting forward problems,research value and significance,literature review,the structure of the thesis and dissertation innovation and inadequate.The text is divided into three chapters.The first chapter is divided into two sections:The first section is mainly the interpretation of the legislative provisions for China's trademark law,judicial interpretation and local guidance documents about the infringement of the compensation system;The second section is mainly based on the analysis of case studies,and author examines and analyzes the existing problems in the practice,including the scope of the compensation,the evidence of the parties,the legal compensation Applicable issues and the application of punitive damages.The second chapter mainly introduces the relevant legislative provisions and judicial precedents in the amount of damages for trademark infringement cases in the United States,and provides a reference for exploring the determination of the amount of damages for trademark infringement.Divided into four sections:The first section is about the extent to which the right holder can obtain compensation in the practice of trademark infringement in the United States;The second Section is the burden of proof of the trademark infringement for parties in the United States;The third section mainly introduces the statutory compensation system in the United States;The fourth section mainly introduces the punitive damages system in the United States.The third chapter is mainly to propose their own suggestion to improve determination of the amount of trademark infringement damages compensation.Divided into four sections: The first section is to broaden the scope of damages,including damage to goodwill,correction of advertising expenses and attorneys' fees;The second section is to improve the trademark infringement damages judicial evidence system recommendations,including both the use of US trademark infringement judicial evidence system,but also on China's current civil suit the specific application of the perfect;The third section is mainly to improve the application of statutory compensation,including the refinement of the statutory compensation system,reasonable expenditure and the introduction of statutory damages in the punitive factors;The fourth section is to improve the application of punitive damages,mainly put forward their own suggestions for malicious and serious judgments.