The Research On The Application Of Statutory Compensation In Trademark Infringement Lawsuit

Statutory compensation has become the most common method of calculating damages in trademark infringement lawsuits.In theory,statutory compensation is based on the theory of fairness and interest balance.In reality,it has the effects of improving trial efficiency,strengthening rights protection,and stimulating social innovation.In China's trademark infringement lawsuits,the application of statutory compensation presents the generalization of judicial application,the overall amount of compensation is low,the judgment of the judgment is not rigorous,and the actual problems are reflected.First,the applicable conditions for statutory compensation in trademark infringement litigation are not specific enough to play a normative role in the application of statutory compensation;second,the basis for determining the amount of damages is insufficient,and the judge's discretion lacks reasonable and legal boundaries and standards.To improve the application of statutory compensation in China's trademark infringement litigation,the applicable conditions of statutory compensation should be clarified,and a quantitative index system for statutory compensation should be constructed.To clarify the applicable conditions of statutory compensation,require the parties to freely choose the right to calculate the damages,affirm the parallel order of statutory compensation and general compensation methods in the applicable order;allow statutory compensation to be applied in parallel with the general compensation method;the case of statutory compensation to prevent the abuse of statutory compensation.To construct a quantitative indicator system for the amount of compensation,the actual loss of the right holder should be used as the calculation center,and the reasonable expenses should be calculated separately;the quantity standard should be used as the unified standard for calculating the compensation amount;the consideration factor of the compensation amount should be refined into the relevant factors of the rights information and Investigate the relevant factors of infringement information and explore the establishment of a statutory computer system for statutory compensation.