The Study On Reasonable Royalties Of Copyright Infringement Damages

At this stage,there are many aspects to be improved in the compensation of copyright infringement damages in China,especially in the aspect of reasonable royalties.Since patent law and trademark law have stipulated the calculation method of royalties,the legislation of copyright law has not been followed up,which leads to the judgment standard of cases in the field of copyright is very confusing.It should be clarified that the connotation of reasonable royalty is the result of the judge's discretion after the occurrence of infringement cases.Its nature is loss-of-chance.It has the function of filling in damage and preventing.Besides,correction justice theory,utilitarianism theory and incentive theory explain the legitimacy of reasonable royalties in the system of copyright infringement compensation.The paper adopts the empirical research method to analyze the the current situation from two respects:the basis of application and the reasons for the non-application,and find out the common problems of such cases in judicial practice:the term of reasonable royalties isn't uniform;the explanation of reasonable royalties is vague when applying to statutory compensation;the court's strict recognition standard of the existing license fee makes it more difficult for the plaintiffs to provide evidence;the order of the calculation methods of damages leads to the failure of the protection of the legitimate rights and interests of the obligees etc.Accordingly,through comparative study,learn from the advanced experience of foreign legislation and justice administration to improve regulations from the following aspects: in the substantive law,establishing a set of complete rules about the calculation and determination of reasonable royalties in the copyright law and its judicial interpretation.More importantly,it should be paid attention to the differences between reasonable royalties and statutory compensation or exemplary damages;for the procedural law,utilizing expert advisor system to lead into intellectual property assets appraisal institutions and improving the supporting judicial evidence system such as spoliation of evidence and preponderance of probability.The systematic research on the reasonable royalties for copyright infringement is not only of great significance to the system filling,but also of practical need to standardize judicial practice.