Research On Legal Compensation System For Patent Infringement Damage

In the context of economic globalization,countries are attaching more and more importance to the development and protection of intellectual property rights in order to enhance their comprehensive national strength.Patent right is a representative intellectual property right.The development of patent industry can drive the economic development of the whole country,but in reality,patent right is often infringed,and the amount of damages for patent infringement will directly affect people's enthusiasm for innovation.The determination of the amount of damages has always been the focus of attention in academic circles and judicial practice.In article 65 of the patent law of China,there are four ways to calculate the damages for patent infringement: the loss of the owner,the profit of the infringer,the reasonable multiple of the license fee and the legal compensation.In the Judicial practice,legal compensation has become the most common way for determine the amount of compensation due to the voluntary choice of the patentee or the choice of the court based on authority or the difficulty of proof.This paper aims to analyze the legal compensation system of patent infringement damage,find out the existing problems,and propose solutions to these problems.The first part of this paper: The theoretical basis of legal compensation system for patent infringement damages.This part mainly discusses the basic theory of legal compensation,including its concept,characteristics,status and necessity.Through these analyses,it is concluded that the system still needs to be improved and indicates the author's point of view,which is convenient for the following narration.The second part of this paper: Relevant case classification statistics and analysis.This part analyze 80 cases selected on the China Judgments Online.After sorting and analyzing the data,the application of the legal compensation system for patent infringement damage in judicial practice is obtained.In addition,the problems in the amount of compensation,the reason of judgment,the frequency of use and the distribution of burden of proof are analyzed.The third part of this paper: Analysis of the problems and causes in judicial practice.On the basis of case analysis,this part further details the problems in judicial practice and expounds the causes of the problems,these help us to look at the legal compensation system from an objective perspective,and through the reason analysis can look through the phenomenon to see the essence,finally,we can find the solution to the problem.The fourth part of this paper: Comparative analysis of relevant systems in foreign countries.This part analyzes the similarities and differences between foreign experience and our legal compensation system,include United States,Japan and Germany.Although the United States and Germany have no legal provisions on legal compensation,it does not affect other ways of confirming the compensation for patent infringement.And the establishment of legal compensation system will be reflected in other provisions,this still worth attention and reference.The last part of this paper: Suggestions on perfecting the legal compensation system of patent infringement damage in China.This part gives some suggestions on how to improve the legal compensation system of patent infringement in the following areas: First,refine the reference factors stipulated by the existing law,namely the type and value of the patent and the nature and circumstances of the infringement.Second,strengthen the legal compensation of the part of the document argument,in order to force the judge carefully.Third,the applicable rate of legal compensation can be reduced appropriately by stipulating the circumstance that legal compensation cannot be applied and perfecting the distribution of burden of proof.Fourth,specify the amount of legal compensation,and carefully raise the minimum compensation.Finally,the reasonable expenses of the patentee should be extra calculated to make up the losses of the patentee more easily.All these measures will improve the weakness of the statutory compensation system,and help to make the statutory system can play a really protect the legitimate interests of right holders.