An Empirical Study Of Damage Compensation For Patent Commercial Rights Protection

Commercial rights protection of patent is a business model that patent holders employ professional such as barrister or patent agents to issue Sale infringers all over the country.It has resulted in massive profits for patent holders and massive amounts of litigations.Most of these cases have a similar way of obtaining evidence.Different people have different opinions about Commercial rights protection of patent.It's really meaningful to discuss these different points.This paper provides a first glimpse into that Although Commercial rights protection of patent may face a moral crisis,it has unique superiority.Commercial rights protection of patent are used to describe a certain class of patent holders who assert patents through litigation,it points to problems with the patent litigation system.In order to know more about Commercial rights protection of patent's business model and court's attitude,this paper makes an empirical analysis of patent infringement cases in five provinces and cities(Beijing,Shanghai,guangdong,zhejiang and jiangsu)in the past three years(2017-2019).This study found that tribunal always decided Patent infringement damages by statutory compensation,which is the last resort in verifying the sum of damages.However,different courts have different reference factors in determining the amount of damages,which reduces the judicial credibility.Fortunately,the this experiment show that the phenomenon of commercial rights protection of patent has not yet developed to an uncontrollable degree.Therefore,the paper does not want to construct a new damage compensation system.Our country has special regulations in various departments of law about the ways of calculating infringement damages related to intellectual property rights.Loss of profits,tort gains,license fees and statutory compensation are the ways prescribed by the patent law.However,most of the commercial rights protection of patent cases ensure damages by statutory compensation.This paper put forward to suggestion in perfecting legal compensation system further,point out that the principle of full compensation should be upheld.A party's subjective evaluation of the strength of its motion is a good measure of the strength of that motion.The potential cost of a patent litigation is likely a good deterrent against irrational decision making.In addition,in order to discourage abusive litigation tactics,we should change the fee shifting standard in practice.