An Empirical Study Of Legal Compensation For Patent Infringemengt In Liaoning Province

Based on the comparison of the judgments of the Liaoning Province and Beijing District Courts from 2008 to 2016,the dissertation makes an empirical study on the judicial operation of patent infringement damage cases in Liaoning Province.The study of patent infringement claims by Chinese scholars focuses on theoretical analysis.In recent years,empirical studies based on judicial decisions have only begun to appear.However,empirical studies on regional comparisons are still lacking.Because there is room for discretion of judges in intellectual property cases,and the Beijing area represents the development trend of statutory compensation,this article has important significance to compare the statutory compensation judgments between Beijing and Liaoning district courts.The paper adopted an empirical research method and collected a total of 204 patent litigation indemnity judgments from 2008 to 2016 in Liaoning Province and Beijing.By comparing the differences in the patent infringement compensation judgments of the courts in the two regions,it was found that the amount of compensation awarded by the Beijing District Court was Liaoning Province.In the same case,the compensation amount was 2.9 times the amount of compensation;although the courts of both regions generally determine the amount of compensation and the conditional inversion of the applicable burden of proof according to the statutory compensation calculation rule,the amount of compensation in the case of the statutory compensation method adopted by the Liaoning Provincial Court is obviously lower than that in the Beijing area.At the micro level,this article selected specific considerations for the judgments of similar cases in Liaoning Province and Beijing District Courts,and analyzed the rules for determining the amount of statutory compensation in the two regions.This article explored the advanced concepts of the Beijing District Court in patent infringement judgments and discussed The causes of the gap in the amount of compensation in the judgment of patent infringement between the Liaoning Province and the Beijing District Court further analyzed the reasons for the low amount of compensation for patent infringement in Liaoning Province,including the impact of the level of economic development,the distribution of the burden of proof,and the judiciary's ability to conduct trials.There are local protectionism,etc.,and then put forward a targeted solution to the proposal: the determination of the amount of the court's infringement compensation should be consistent with the economic development;determine the tort liability should use the superior evidence rules,the rational distribution of the burden of proof;pay attention to enhance the trial of intellectual property judges Business competence and professional quality;to achieve independence of the judiciary and abandon local protectionism.The above proposal has reasonableness and operability.It is hoped that this can solve the problems existing in patent lawsuits of courts in Liaoning Province,effectively protect the patent rights,and raise the level of intellectual property protection in Liaoning Province.