Study On Subjective Intention Of Patent Infringement Damages

Patent infringement damage compensation is one of the most important systems in patent infringement.All the following factors should take into account this subjective state,such as the application of patent infringement damages,punitive damages and the amount of statutory compensation.Based on the backgrounds described above,the starting point of this paper is subjective intention.Combines with the domestic and international theory,the author discusses the subjective intent of patent infringement damages while giving some corresponding recommendations,and tries to study this issue.This article is divided into five chapters.The first chapter gives an outline introduction of the Chinese legal system of patent infringement and its damages.The establishment of patent infringement is the premise of the application of patent infringement damage compensation.So first of all,patent infringement liability principle and its inscape were analyzed.Secondly,the author studied the liability principle and difficulties for patent infringement damages,and exposited the applicable premise of patent infringement damages from multi-level.The second chapter focuses on the theory research of subjective intent issue.Firstly,the related theories of subjective intent for trademark infringement behaviors are analyzed,which can be used for reference of the relevant theories building of patent right.Secondly,the relevant theories in other countries or regions are explored to find virtue.Finally,all the theory are learned and summarized in this chapter.The typical patent infringement cases,mentioning in existing subjective intent in China,are empirically analyzed in the third chapter.Started from the cases of patent infringement damages,the cases are summarized and the judging standards of subjective intent are explored.The fourth chapter gives suggestions about subjective intention of infringement damages.The subjective intent forms aforementioned were summarized and the author made some corresponding recommendations.The fifth chapter is the conclusion part.It Restate the necessity of the research about subjective intent issue in patent infringement damages system.Not only can it improve understanding of subjective element in judicial practice,but also complete patent infringement damages system.