Research On The Statutory Compensation System For Patent Infringement

On December 3,2015,the Legal Affairs Office of the State Council publicly solicited opinions from the public on the "Revised Draft of the Patent Law of the People's Republic of China",which has sparked heated debate about patent infringement protection and damage compensation in society:The scholars those who are represented by zhi-xing Chen through setting minimum compensation for legal compensation is reasonable argument to prove the necessity of its existence,while the opposition represented by xiao-wu li scholars from legal compensation system of defects in the field of patent infringement,to illustrate its irrationality.At the time when the Patent Law will be revised,the author based on our patent protection legislation as a starting point,using comparative study and historical research methods to dig out the historical evolution from the vertical and horizontally angles.Compared the advanced experience of other developed countries,and analyzes a large numbers of case data.Reexamined China's patent law tort damages compensation system,and the problems reflected in the system.And hope that from the legislative practice in other countries,we can seek some experience to protect the rights of obligee,safeguard the patent market order stability and promote the healthy and orderly development of China's economy.The argument of this article is based on the following ideas:Firstly,it analyzes the related systems of patent infringement damages and statutory compensation for patent infringements.It starts from the concept to understand the meaning of each concept,including its features and values,and analyzes the infringement from the legal perspective.The importance and necessity of damages and lay the foundation for the advancement of the article.Secondly,the author hopes to illustrate the shortcomings of the current statutory compensation system for patent infringement through data analysis.The data is divided into two categories.The first type is collected by the author through data access,literature,etc.The collector of this part of the data includes some research pioneers and The authoritative department or organization of the state;the other type of data is collected by the author himself.The author intends to select Beijing,Shanghai and Xi'an as sampling cities and collect and analyze the data by collecting the judgment of the court on damage compensation for patent infringement.A comparative analysis of the first type of data is expected to provide inspiration and gains.Subsequently,the author hopes to compare the advanced experiences of developed countries abroad,especially the practices of countries with greater protection of patents,and conduct cross-reference comparisons with the current practices in China,and draw lessons from their essence for my own use.At present,the tentative research countries are continental countries represented by the legal system countries—Germany,the global economic wind vane—the United States,the powerful patent country—Japan,and the IP heat concentration area in recent years—Korea.Finally,the author hopes to feed back the patent infringement protection system in China through the advanced experience of these countries,and pursue in depth the many problems and causes in the construction of China's patent legal system,and seek solutions.Finally,the revised draft of the Patent Law of the People's Republic of China(for review The revision of the manuscript proposes some of his own thinking.Based on the above research ideas,this article is divided into five chapters,each chapter is as follows:The first chapter mainly introduces the relevant concepts of statutory compensation for patent infringement,including patent infringement and patent infringement damage compensation.From the perspective of jurisprudence,it first analyzes the basic issues such as its nature and characteristics,and then deeply understands its deep legal value and significance..The second chapter first introduced the historical evolution and the background of the statutory compensation system for patents in China,which provided us with a basic framework for a macro understanding of the statutory compensation system for patent infringement.After that,the author will analyze the revised draft of the Patent Law of the People's Republic of China.The "Draft for Ratification"'' amended the patent infrringement damages compensation system and its legislative intent,and introduced and refuted the existing opinions concerning statutory compensation disputes.The third chapter analyzes the data collected by the author,the data collected through the author's access to information,and literature,and presents data through the use of data to demonstrate the many problems existing in the current patent law in China.In the fourth chapter,the author mainly analyzes and studies the patent infringement damage compensation systems of Germany,the United States,South Korea,and Japan,and analyzes the rationality of its institutional system and the similarities with the Chinese system,and finds inconsistencies there.,The effect of its phases on the trial of patent infringement.In the fifth chapter,on the basis of summarizing the previous article,we analyze the painful points of the statutory compensation system for patent infringement in our country and provide targeted opinions.We propose preliminary suggestions for improving the inadequacies of the patent infringement damage compensation system in China.