An Empirical Study On Compensation For Infringement Of Intellectual Property Rights In Private Enterprises

The intellectual property right compensation problem is the weak link of the intellectual property right protection,often exists the right person obtains the compensation to be little,the implementation compensation difficult question.As the weak group in the market competition,the compensation problem of the right holder is even more weak.From this point of view,combined with the relevant legal provisions and judicial practice,this paper makes clear the problems existing in the determination of tort compensation amount of private enterprises,finds out more reasonable compensation calculation methods,and puts forward the relevant countermeasures for improvement It is hoped that more just and effective protection will be provided to the intellectual property rights holders of private enterprises.The article is divided into four parts.The first part discusses the reason and significance of the topic selection from the angle of intellectual property compensation system design,the angle of National Economic Development and the angle of realizing the great leap goal of Private Enterprises Then it introduces the research status and trend of this topic at home and abroad,and draws theconclusion that the lack of concrete data is the deficiency of the research on intellectual property compensation.If many factors can be considered in the case of Private Enterprise Intellectual Property Rights Infringement,the study of compensation for Intellectual Property Rights Infringement will be more detailed and specific.Next,the emphasis of the research is to find out the existing problems and put forward solutions.The difficulty lies in the analysis and Statistics of empirical data.Finally,the relevant research methods are introduced.The second part from the private enterprise intellectual property right infringement compensation amount determination present situation,through to the legislative present situation and the judicial present situation analysis,has been clear about this question legislation and the judicature does not link up the special phenomenon.This part focuses on the use of empirical research methods to study the judicial status quo of tort compensation in Private Enterprises,using empirical data to point out that the support of compensation is low,low-end compensation is dominant,the main criteria of legal compensation,the same series of cases awarded large differences,the development of regional economy affects the amount of compensation awarded,and the number of cases increases year by year.The third part focuses on the private enterprise tort compensation amount of the reasons for the existence of problems.According to theprevious analysis of the status quo,the author comprehensively sorted out some of the judicial practice in the more obvious shortcomings.For example,there is a big difference between the amount of Tort Compensation and the award,the rate of legal compensation is too high,the case is not of the same type,the rate of punitive damages is too low,and the right holder has difficulty in adducing evidence.In view of these existing in the private enterprise intellectual property rights infringement case in the malpractice,the paper has carried on the quite detailed reason analysis,clear the reason which the phenomenon exists,is convenient for provides the direction for the further research.The fourth part is the key part of the paper,trying to solve the problems of tort compensation in private enterprises.The author sums up the problems and causes of the preceding article and comes up with the relevant countermeasures to improve the compensation problem of private enterprises.This paper introduces the rationality of using economic calculation method to fix the price of intellectual property in the intellectual property market,details the legal compensation to make the system determine the amount of compensation more scientifically and reasonably,and carries out the case Guidance System To provide reference for similar cases,this series of countermeasures,from the point of view of reality analysis,try to provide reference for the solution of the problem.