Research On The Rationality Of The Application Of Statutory Compensation Rules

The application rate of statutory damages in intellectual property infringement cases is too high and criticized,but after excluding mass protection cases and cases against terminal sellers,it was found that the application rate of statutory damages was significantly reduced in the cases with higher compensation.And the higher the amount of compensation,the lower the application rate of statutory compensation,and the higher the court's support for judgment,which is mainly due to a large amount of evidence from the right holder.In the case where the right holder has provided sufficient evidence,the court's award can basically satisfy the right holder's loss.In the case of low compensation,the right holder does not give proof of damages based on cost and benefit considerations,resulting in compensation is low.The right holder adopts different strategies in different cases in full compliance with his interests.In addition,in the face of the increasingly prominent "multiple cases but few people" contradiction,the widespread application of statutory damages can alleviate this situation.Judges use different methods based on different cases,which can achieve effective allocation of resources and judicial efficiency.Statutory damages gives judges a certain degree of discretion,leaving adjustable space for innovation incentives,and helping to achieve the compensation and prevention functions of damages compensation.However,it is difficult to calculate the compensation for intellectual property infringement,and it is not unique to China to give judges discretion.By comparing the legal provisions and judicial practice between China and the United States,the legal logic of the method of determining the amount of compensation between China and the United States is basically the same.The "factor consideration" standard has a higher application rate in their respective jurisdictions.It is judicial rational choice.