Research On The Compensation System For Damages Of Patent Infringement

The compensation for the damages of patent infringement is the core of patent protection.Its legislative and judicial practice shows "difficulty of proof and low compensation",which can significantly reflect the current problems of the deficiency of patent infringement.Through this study,it can be better back to the problem and provide more clear rules,basic principles and calculation methods for the patent infringement damages litigation business.This paper aims to improve the compensation system for damage of patent infringement in China.The research idea is to firstly summarize the main problems and then draw on the useful experience of the advanced system abroad,finally solve the problem.Using the comparative analysis is mainly used to innovate the rules of evidence,the principle of compensation and the method of calculation.The case analysis method is frequently used in the discussion to explore the innovative application space of the patent infringement compensation system.According to the study,the rule of evidence disclosure in Germany is worth referring to,while the time limit for the limitation of evidence disclosure also limits proprietor to collect the initial evidence.In Germany and Japan,the principle of full compensation both take the subjective fault into consideration.As for the calculation method of "lost profit",both the United States and Germany have more complicated stipulates on the proof of the causation of the infringers' loss of profit and the tort,while in Japan,a new way is taken to consider the market factors.This paper suggests that the evidence collection should be standardized from three aspects: standardizing the patent holder's trap proof behavior,expanding the applicable evidence disclosure rules and strengthening the court investigation.With regard to the basic principle,it is necessary to relocate the value of all compensation principle and the principle of punitive damages should be introduced as a supplement.In addition,it reconstructs the system of the calculation method of patent infringement damages,including puting forward a new idea to determine the application of compensatory compensation calculation method,which is applying the calculation methods at the same time with the market share of the proprietor as the core condition.As for the calculation method of punitive damages,the determination of the base and multiple of the punitive damages is clearly defined.