Research On Valuation Of Compensation In Trademark Infringement Lawsuit

With the improvement of China's legal system,the concept of the rule of law of the people has gradually enhance,and various rights protection activities in the economic field have also increased.In 2017,China handled a total of 30,130 trademark violations and trademark infringement cases,including 26,985 trademark infringement cases.Trademark infringement is facing a severe situation.Although China's Trademark Law determines the amount of compensation as a post-approval method at the discretion of the court,a large number of statistical data show that in the practice of judicial trials,the courts determined that the proportion of compensation is more than 95%.The court determined that the amount of compensation is affected by factors at the court level,court considerations,personal experience level and subjective feelings,which is not conducive to the protection of the rights and interests of the parties,and may also lead to the abuse of judicial discretion and weaken the fairness and authority of judicial decisions.The judgment on the amount of trademark infringement compensation is a difficult point in the trial of trademark infringement lawsuits.This paper analyzes the differences between judicial evaluation and non-judicial evaluation,analyzes the feasibility of judicial evaluation and the operational difficulties in trademark infringement cases.In view of the technical obstacles in the evaluation of trademark infringement claims,based on China's trademark law,reference to the foreign trademark infringement jurisprudence and the compensation measuring concept,to optimize the estimation model of trademark infringement in China.The main point is that when measuring the amount of trademark infringement compensation,the professional evaluation agency should be introduced to divide the loss of the right holder and the profit of the infringer,and define which losses and benefits belong to themselves,and which losses and gains are attributed to the infringing trademark.Therefore,the amount of trademark infringement compensation is reasonably determined.If the factors unrelated to the infringing trademark cannot be reasonably distinguished,on the one hand,it may lead to overestimation of the actual loss of the right holder and the profit of the infringer's infringement,resulting in the court's over-judgment against the infringer,and the trademark owner obtaining too much from the infringement lawsuit.Encourage trademark squatting behavior and increase the number of trademark litigation disputes;On the other hand,it may lead to underestimation of the actual loss of the right holder and the profit of the infringer'sinfringement,which may result in the court's failure to compensate the infringer for the loss of the right holder and the reasonable containment and punishment of the trademark infringement,which is not conducive to the protection of intellectual property rights.And has a negative impact on the construction of China's trademark brand?inventions and quality control.