Research On Intellectual Propert Damage Assessment And Compensation

With the further implementation of the innovation-driven development strategy,the development of intellectual property in our country is developing vigorously.The competition of intellectual property rights is more and more fierce.The infringements accompanying are also getting more and more.In the judicial practice,how to determine the damages of intellectual property one of the most difficult issues,whether the amount is legal and reasonable,is directly related to the future development of intellectual property in our country.There are four ways to determine damages for intellectual property rights stipulated by the law in our country: according to the actual loss of the obligee,according to the illegal income of the infringer,according to a reasonable multiple of the license fee,according to the statutory compensation.However,in judicial practice,it is still very difficult to determine the amount of damages.In order to solve this problem,both theorists and practitioners advocate the introduction of IPR damages assessment,which combines law,finance and assessment to determine damages more efficiently and accurately.However,the current assessment methods in our country refer to the theories and methods of absorbing foreign theory of intangible assets assessment and part of domestic fixed assets,and do not form a systematic evaluation system of intellectual property damage compensation.However,intellectual property has its own characteristics and can not be blindly used tangible assets or general intangible assets method to apply rigid or otherwise can not assess the exact value of the damage suffered,is not conducive to the protection of the rights of rights holders.The assessment of IPR damages is more complicated and more difficult to measure than the average IPR valuation.Appropriate amount of compensation or not,not only marked the realization of the substantive rights of parties,but also the degree of rationality of the judicial relief system.Therefore,it is necessary to study and discuss the methods and practices of the assessment of damages for intellectual property rights,and to formulate the corresponding norms system in order to solve this difficult problem that plagued substantive sessions.This article proposes ways to perfect the assessment of damages for intellectual property rights and synthetically develops the assessment of damages for intellectual property rights by improving the compensation provisions of intellectual property law in our law,the choice of assessment methods,industry standards and the regulatory system.And this article focuses on the legal provisions and industry regulation of theoretical research,not too much to study the choice and application of specific methods,although the choice of evaluation methods is essential,but the need to combine the knowledge of assessment and finance,the issue to be more in the future More exploration.Through literature review and extraterritorial comparative analysis,the author analyzes the present situation of our country on this issue and the comparative analysis with the United States,Germany,Russia and other countries,and evaluates the value of rights in damages for intellectual property in theory and practice Application problems and put forward some suggestions in the hope of improving the development of intellectual property in our country.